
LIBRARY OF CONGRESS, 

Chap Copyright No 

Shelf.Ii<^^ 1 

—1:54 

UNITED STATES OF aI^ERICA. 



THE 



CIVIL G-OVERNMENT 



OF THE 



UNITED STATES. 



A TEXT-BOOK, 



FOR THE USE OF 



ALL SCHOOLS IN WHICH THE SUBJECT IS TAUGHT. 



AND A 



BOOK OE REFERENCE. 



REALISED. 



WILLIAMS & ROGERS, PUBLISHERS. 

Rochester, N. Y. ' 1898. Chicago, III. 



^ 






16280 



COPTRIGHT, 1889 and 1898, 

BY 

WiixiAMS & Rogers. 



0CT8-1b96 j) 



E. R. ANDREWS, pklbfTER AND BOOKBINDER, 

1893. 



PEEFACE. 

A new educational work, should, in itself, plainly indicate 
the excuse for its existence. Especially is this true of a text- 
book upon Civil Government, since the subject has been 
already so well treated in the various works now in daily use. 

Probably no one at this time doubts the propriety of giving* 
the study of Civil Government a prominent place in our 
schools. Some of the pupils in the school rooms to-day will, 
in a few years, be occupying public positions of responsibility 
and power; and while these may be comparatively few in num- 
ber, yet in this country every citizen has political duties to 
perform, and should therefore be familiar with the plan and 
workings of the government which imposes them. Hence it 
remains only a question as to the manner in which the sub- 
ject may be most effectively presented for the purposes of 
instruction. 

Those who, as teachers, have heard their classes in Civil 
Government complain that the subject was dry and uninterest- 
ing, need only consult their own recollections to know the 
justice of such complaints. It certainly is not possible to in- 
vest the subject with the charms of romance, or give it the 
thrilling interest of a History of the Crusades or the Conquest 
of Mexico. But it has seemed possible for a text-book upon 
Civil Government to be made so readable that it will invite 
and hold the attention of the pupil, instead of being the 
passive object of compulsory study. To accomplish this has 
been the aim in the preparation of this work. 

Our government being representative, the popular will con- 
trols, through these channels of representation, the intermediate 
political subdivisions, and finally asserts itself in the power of 
the Federal Goverment. It seems, therefore, that the study of 
this subject in its natural order should commence with the 

iii « 



ly PEEFACE. 

township, and follow tlie principle of representation to its 
widest application. This method has been ^^nrsued in this 
work. ' 

It is impossible, within the limits of a work of this kind, to 
enter into the details of all the j^eculiarities arising under the 
constitutions and laws of the different States, although much 
attention is given to those branches of the subject. It is pre- 
sumed, however, in all cases, that the teacher will be familiar 
with the organization and government of his own State and its 
subdivisions, and these should be considered in connection 
with the text, the resemblances noted, and the differences 
particularly pointed out. In this connection particular atten- 
tion is called to the tables of the appendix, which are especi- 
ally designed to stimulate inquiry and comparison. 

One of the chief means employed in this attempt to make a 
readable book is simplicity — simplicity both in manner and 
diction. And this quality, it is believed, will do much toward 
making the work useful in instruction and attractive in study. 



CONTKNXS. 



I. INTRODUCTORY. ^'*'^^- 

1. Government in General 2 

2. Forms of Government 5 

11. COLONIAL GOVERNMENT. 

1. The Three Forms of Government __ 10 

2. Causes of the Revolution 14 

3. Successive Steps to Union 18 

III. REVOLUTIONARY GOVERNMENT. 

1. Steps TO Revolution .22 

2. Declaration of Independence 23 

3. Origin and Ratification of the Articles of Con- 

federation 24 

IV. GOVERNMENT OF THE CONFEDERATION. 

1. Nature and Defects of the Articles of Confed- 

eration 25 

2. Development and Ratification of the Constitution, 29 

V. GOVERNMENT UNDER THE CONSTITUTION. 

1. Territory of the United States... 33 

2. Public Lands 37 

3. State Governments. 

1. Coustitutions and Electors 41 

2. Nominations 47 

3. Elections 54 

4. TheTownship 59 

5. The County, City and Village . _ 64 

6. The Legislative Department 69 

7. The Executive Department 79 

8. The Judicial Department 83 

9. Taxation. -_ 95 

10. Education --- 99 

11. Public Institutions _ 104 

4. National Government. 

1. The Legislative Department. 

1. Congress in General 108 

2. The House of Representatives 112 

3. The Senate... 122 

4. EJ ections and meetings of Congress 129 

5. Powers and Privileges of the Houses 135 

6. Mode of Passing Laws.. --- --- 140 

v 



Yl CONTENTS. 

PAGE. 

7. Powers Granted to Congress. _ 146 

8. Prohibitions Upon the United States 166 

9. Prohibitions Upon the States 172 

2. The Executive Department. 

1. Term of Office and Election of the President and 

Vice-President _ 176 

2. Qualifications, Salary and Inauguration of the Pres- 

ident and Vice-President _ 184 

3. Executive Powers of the President... 188 

4. The Subordinate Executive Departments 195 

3. The Judicial Department. 

1. Federal Courts 210 

2. Jurisdiction of Federal Courts 215 

3. Treason 219 

4. Miscellaneous Provisions. 

1. Relations of the States 221 

3. Territories. 224 

3. Admission of New States 226 

4. Amendment of Constitution 228 

5. National Debts 228 

6. Supremacy of National Law 228 

7. Oath of Office 228 

5. Amendments to the Constitution _. _ 229 

APPENDIX. 

Declaration of Independence /248 

The Ordinance op 1787 251 

State Governments 259 

State Elections 260 

State Legislature 266 

The Governor and other State Officers 272 

Presidents of the United States 282 

INDEX 283 

IIvIvUSTRATPIONB. 

National Capitol 33 

Hall of the United States House of Representatives 113 

United States Senate Chamber 123 

Congressional Library .__ 157 

Executive Mansion, Washington, D. C 189 

United States Supreme Court Chamber 211 



CIVIL GOVERNMENT OF THE UNITED STATES. 



First Lksson. 



GOVERNMKNT IN GENERAL. 

I. ILLUSTRATION. When tlie white men first penetrated 
the wilderness west of the Hudson Riyer, they found the coun- 
try peopled by warlike savages, who apparently gave little heed 
to the authority of their chiefs. But upon fuller acquaintance 
with them, it was discovered that they were bound together in 
a strong organization, that came to be known as the Great 
Iroquois League. When first known this league comprised 
five different branches or nations of the Indian race; but after- 
ward it absorbed a sixth nation, and hence is generally referred 
to as the Six Nations. Each one of these nations was made 
up of a number of tribes, each with its own chief or sachem. 
There were fifty of these sachems, all equal m rank and 
authority, and they met together in councils to regulate the 
affairs of the League. One council Avas called a Civil Council, 
and transacted all business growing out of their relations with 
other tribes; another was called a Mourning Council, and 
assembled at the death of a chief to install his successor; while 
a third, or Eeligious Council, had charge of all religious 
observances. These laws and customs were so old that the 
people themselves had no tradition of a time when they did 
not exist. 

This was government. The League itself was a government. 
Each nation was a government, and so indeed was each tribe. 

These Six Nations bore nearly the same relation to each 
other, and to the League, as do our States to each other and the 
National Government. It has even been suggested that this 
fact may have given the idea of our government to its founders. 



2 CIVIL GOYEKNMENT OF THE UNITED STATES. 

II. Definitions. The word government, in its largest 
use, means the exercise of authority. We shall use it, how- 
ever, in its political sense only, as the organized power by 
which a state or nation is ruled. 

The word civil is derived from the Latin word civis, mean- 
ing citizen; hence, civil government is the power that regulates 
the rio-hts and duties of citizens toward each other and toward 
the government itself. 

The jjolitical hocly and hody politic are terms applied to the 
whole body of people united under one government. 

III. Origin of Government. The gods of the ancients. 

represented their ideas of supreme authority. The idols 
of the heathen possess for them the highest administering 
power. And the people of many nations worship one Supreme 
Being, who is vested with absolute control. The chief quality 
ascribed to all these objects of worship is government. It is 
impossible to imagine a state of existence earlier than the 
Infinite Kuler. It is impossible, therefore, to antedate divine 
government. But who first thought of human government? 
How did the body politic originate? are questions which natur- 
ally arise in the study of government. Monarchs were not 
born monarchs, but were crowned. Presidents were not born 
presidents, bat were elected. All men alike come into the 
world helpless and possessed of no authority. Who, then, first 
gave to anyone the right to rule over his fellow men? Different 
men have answered this question by advancing different theo- 
ries, viz. : 

1. The Theory of Divine Right — that God directly 
authorized government, by giving to the head of the family, 
not only the authority of the father over his own children, but 
also the power of a religious teacher and civil ruler over all of 
his descendants. 

2. The Theory of Force — that government simply had 
its origin in the natural tendency of the strong to control the 
weak. 

3. The Theory of Sociability — that men's social natures - 
fitted them to live in communities, and they soon discovered \ 



GOVERNMENT IN CxENERAL. 3 

that there would be endless strife and confusion, unless there 
existed a supreme power to regulate their intercourse with 
each other. 

IT. NECESSITY OF GOTERNMENT. Man is a social being- 
his desire is to dAyell in communities; and few races have ever 
existed so low in the scale of humanity that they cannot be 
said to have thus lived. But man is also selfish by nature; the 
vicious and depraved are found in every community; and were 
it not for the iron hand of the law to hold them in' check, no 
man would be safe either in person or property. The strong 
would oppress the weak; righf and justice would yield to 
might and cunning; and crime could receive no punishment 
except through personal revenge. 

There must, therefore, be laws to regulate the relations 
between man and his fellow-men; and there must be a power 
strong enough to make, execute and enforce these laws. This 
power IS government. 

T. Objects OF GtOVERNMENT. All government has three 
objects : 

1. To protect from enemies without. 

2. To establish justice within. 

3. To promote the general welfare. 

The accomplishment of the first aim is essential to the 
self-preservation of the body politic. This necessity has been 
recognized by all governments, and, up to this time, military 
organization has been the chief means depended upon. As 
civilization progresses, however, war is giving place to treaties 
and courts of arbitration, as more humane methods of main- 
taining justice among nations. 

The second aim involves the protection of each citizen in 
the exercise of his natural rights to ''life, liberty, and the 
pursuit of happiness." This second task, also, has been 
undertaken, to a greater or less extent, by all governments. 
Courts of justice are a typical means for its accomplishment. 

To attain the third object the government must create those 
conditions and offer those opportunities which will make it 
possible for the greatest number of its citizens to enjoy most 



4 CIVIL GOVERNMENT OF THE UNITED STATES. 

freely the natural rights above mentioned. This last object 
has not always been consciously striven after by governments, 
but every day it is coming to be more clearly recognized, which 
is shown by the various means adopted by all the more ad- 
vanced governments to promote the welfare of their people. 
Among these means there are none more important than free 
educational op23ortunities. 

YI. DEPARTMENTS OF GOTERNMENT. The entire work 
of government is accomplished through the exercise of three 
powers; 

1. Legislative, or law-making. 

2. Executive, or law-enforcing. 

3. Judicial, or law-interpreting. 

These three j^owers may all be exercised by one individual 
or body of individuals, or they may be distributed among 
different ones, thus forming the several departments of gov- 
ernment. Experience has shown that no one person or body 
of i3ersons can make, execute and interpret the laws of a 
people, without sinking the government into tyranny and mis- 
rule. It follows, then, that the distribution of these powers 
marks a high point in the course of political advancement; 
and in fact, wherever this division has been carried out, there 
the greatest measure of liberty and prosperity has existed. 
However, human ingenuity has thus far never been able to 
wholly separate the exercise of these powers; and it is generally 
believed that a free government requires a sufficient inter- 
mingling of the departments for each to act as a check on the 
others, without ever being a hindrance to the exercise of law- 
ful powers. 



FORMS OF GOVERNMENT. 



Sbcond I^ksson, 



KORIVES OF^ GOVKRNIVIKNT. 

I. CLASSIFICATION. With few exceptions, political writ- 
ers have agreed in placing all forms of government under three 
general classes, viz. : 

1. Moi^ARCHY, or government by one individual. 

2. Aristocracy, or government by a few select individuals. 

3. Democracy, or government by the people. 

Aside from those governments which are purely monarchial, 
aristocratic or democratic, many varieties of government have 
existed; some of them combinations of two, or even all, these 
classes, others modifications of one or more of them. But all 
are capable of being reduced to these three classes, according 
to the leading feature of each. 

II. Monarchy (from the Greek words monos, alone, and 
arclio, to govern). 

DEFiN'iTiOi^'. — A monarcliy is that form of government in 
which one person exercises the supreme authority of the land. 
He is sole ruler of the people. His title in general is monarch, 
though in different countries he is called hing, prince, sultan, 
czar, Iclian, amir, or other title significant of his position, as 
sole ruler. 

Kinds of Monarchies. 

1. Absolute Monarchy. — Monarchies are absolute or Urn- 
ited, according to the extent of power vested in the ruler. An 
ahsolute monarchy is one in which the ruler has unlimited 
power. There is no person, law or constitution to restrain 
him. He makes and enforces the laws according to his own 
personal wishes. The property, liberty and life of every sub- 
ject are at his disposal, while he himself is accountable to no 
earthly authority. But although there is no legal power to 
limit his acts, the fear of personal violence and of revolution 
in many cases holds in check his lawless desires, and to a cer- 



6 CIVIL GOVERNMENT OF THE UNITED STATES. 

tain extent protects the rights of the people. Eussia and Tur- 
key are exam^^les of absolute monarchies. 

2. Despotism. — The word despot originally meant the ruler 
of any absolute monarchy; but it has come to bo applied to 
such a ruler only when he exercises his authority in a cruel 
manner, without regard to the laws of justice or humanity. 
An absolute monarchy thus governed is called an cibsolute des- 
potism; and few indeed are the absolute monarchies that do 
not sooner or later degenerate into this form. China, Persia, 
Morocco, Abyssinia, and many other Oriental governments, 
are absolute despotisms. 

3. Liiniited Monarchy. — In a limited monarchy, the power 
of the chief ruler is limited by law or law-making bodies. The 
monarch himself does not make the laws; he is the executive 
who enforces them after they are enacted by the law-making 
body of the government. In order to make these laAvs valid, 
his assent is necessary, but it is almost never withheld. He is 
himself as amenable to the laws of the country as is his mean- 
est subject. 

By far the greater proportion of the important monarchies 
of the present age are limited. Great Britain, the G-erman 
Empire, Spain, Italy and Japan are prominent among them. 

4. Hereclitar^^ Monarchy. — With reference to the source 
whence comes the monarch's title to his throne, monarchies 
are hereditary or elective. A hereditary monarchy is one in 
which the title and office descend from the monarch to his 
successor, by right of birth. The eldest son almost universally 
succeeds the father to the exclusion of all elder sisters. The 
people themselves have no choice as to who shall be their ruler. 
Most of the monarchies of the world have been hereditary. 

5. Elective Monarchy. — A monarchy is elective when its 
monarch is chosen for life by the j)eople or their representa- 
tives. The few such monarchies which have existed were dis- 
turbed by continual feud and contention. 

6. Patriarchy {inom. pater, father, and archo, to govern). — 
This is the oldest known form of human government, and the 
only form which existed before the flood, and until several cen- 



FOEMS OF GOVERNMENT. 7 

turies thereafter. It is the government of the father over his 
family and descendants, and includes princely as well as paternal 
authority. The patriarch has absolute power over his descend- 
ants, their flocks and herds and houses, their liberty and lives. 
This form of government has existed only where the people 
lived in families or tribes, independent of other families and 
tribes. Abraham, Isaac and Jacob were patriarchial rulers. 
It is still in existence among some of the Oriental and African 
tribes, and even among the North American Indians. 

7. Theocracy (from tlieos, God, and hrateo, to govern). — 
Literally, a government by the Supreme Being. It is monar- 
chial in form, and God is held to be the sole ruler administer- 
ing the affairs of the nation. The laws of the land are divine 
commands, given directly by Him. The members of the 
priesthood act as agents of the Invisible Euler, interpreting 
His will to the people. 

The most famous theocracy of history is that established by 
Moses over the Israelites, and by which they were governed 
for several centuries. 

III. Aristocracy (from aHstos, best, and hrateo, to gov- 
ern). 

The word aristocracy^ as its derivation implies, originally 
meant government by the best or noblest. In an aristocracy, 
the supreme j)ower is vested in a select body of men, privileged 
on account of rank 'and wealth. They either inherit the office 
or are appointed to it. Aristocratic governments are usually 
short lived. A number of men holding equally the supreme 
power in their hands grow jealous of one another, and fearful 
lest some one of them obtain the controlling influence. This 
naturally results in the overthrow of such a government. 

The several republics of Greece were at the outset aristo- 
cratic governments. Venice and Genoa were also at one time 
aristocracies, the former having been the most prosperous and 
long-lived government of its kind known to history. 

The term aristocracy is also applied to the nobility of monar- 
chial governments, the titled class above the common i3eople; 
for example, the dukes, marquises, earls, viscounts and barons 
of England- 



8 CIVIL GOVERNMENT OF THE UNITED STATES. 

IT. Democracy (from de^nos, the people, and TcrateOi to 
govern). 

Defiis"ITION". — A democracy is a government administered 
by the people themselves. They hold the supreme authority 
in their own hands, and exercise it directly. 

Kinds of Democracies. 

1. Pure or Absolute Democracy. — lTi?i pure democracy y 
all the people, that is, all the qualified voters, meet together 
in one body to make the laws. It is evident that this theory 
of government is the only true one. The people who own the 
property of a country, by whose labor the government is sup- 
ported, and who themselves constitute the nation, surely pos- 
sess the right of making the laws which affect only themselves, 
their families and their projoerty. But it will also readily be 
seen that the people of a large and populous country can in no 
way meet together whenever a measure of government is to be 
acted ujDon. In practice this method of government is only 
possible for political units small in population and territory. 
Good illustrations of pure democracy are found in the govern- 
ment of ancient Athens and in that of a New England town. 

2. Representative Democracy or Republic. — There is 
one way, however, in which great nations govern themselves 
according to democratic principles, and still avoid the disad- 
vantages of a pure democracy. It is by representation. The 
people choose representatives at stated times, to act as agents 
for them in making and executing their laws. These repre- 
sentatives must carry out the wishes of the people they repre- 
sent, or give place to others who are willing to execute the^ 
popular will; so that the laws of the country are in reality as. 
much the laws of the people as though made directly by them. 
Eepresentatives who must thus render account of their con- 
duct to others act with much more discretion than they would 
in the assemblies of a pure democracy, where they are respon- 
sible to none but themselves. Representative bodies are also 
small, as compared with the whole body of people, and can 
therefore more thoroughly discuss all questions coming before 
them, and give more careful decisions. 



FOKMS OF GOVERNMENT. ^ 

A representative democracy is always called a repuhlic; and 
a study of the history of different nations proves the United 
States to have more nearly approached a perfect government 
than any other nation. More than twenty of the principal 
nations of the world are to-day republics. France and Switzer- 
land are governed after this manner. With very few excep- 
tions, the countries of North and South America are republics; 
and this form of government steadily gains in popularity as 
the people of the world advance in civilization and education. 

T. Our GOVERNMExNT. Most of the governments of the 
world have been the result of accident ; ours is the result of 
forethought and design. It was founded by men who had 
grown wise through the experience of years of tyranny and 
war, and whose only aim was to secure to the people'^the largest 
measure of liberty and happiness. 

• The government of the United States of America is repub- 
lican — the most thoroughly representative democracy in exist- 
ence. Not only the Nation, but each State of the Union, is a 
republic ; so that the people of the States are everywhere under 
two governments, that of a republic within a republic. These 
two governments in no wise conflict, for the National Govern- 
ment has supreme authority over all matters which concern 
the people of the nation as a whole, and which are embodied 
in the written set of laws called our National Constitution; 
while in all other matters the States have supreme power, and 
the National Government cannot interfere with them. Thus 
it will be seen that the two governments are entirely independ- 
ent of each other when each is acting in its own proper sphere. 
But any law made by any State in opposition to the laws of 
the Nation is void; and whenever there is a question of suprem- 
acy between the two relative to the affairs of the general gov- 
ernment, the States must yield to the Nation. 

This method of government has so well realized the object 
of its founders, that we, the people of to-day, governed accord- 
ing to this system, which they prescribed more than a hundred 
years ago, count ourselves the freest, ha^ipiest and most pros- 
perous people on the earth; while the poor and oppressed from 
many other nations flock to our shores, in search of that lib- 
erty and protection of rights which can nowhere else be found. 



10 CIVIL GOVERNMENT OF THE UNITED STATES. 



CoLoisriAL Government. 



Third IvKbsojnt. 



I. Settlement of America. The early exi^iorers of 

America, upon returning to their homes in Europe, told mar- 
velous stories of the wealth of the newly-discovered world. 
Some of them reported the existence of rivers whose sands 
sparkled with gold and precious stones; others said they had 
heard of regions where the mountains were filled with diamonds 
and mines of silver and gold; and still others reported that the 
natives along the coast had told them of countries inland, 
whose people wore ornaments of gold and silver so heavy that 
their weight could scarcely be borne. They also told of fertile 
lands, of fur-bearing animals, of valuable timber, and various 
other sources of wealth. These stories aroused the greed of 
the rulers of Euro^^e, and made each one eager to possess all 
the territory possible in America, and at the same time ])re- 
vent the other nations from gaining possessions there. In 
consequence there was constant contention among them over 
their claims in the 'New World. 

Great Britain, France and Spain gained the strongest foot- 
holds, while Holland acquired some important sections. The 
possessions of the French comprised the basins of the Missis- 
sippi and St. Lawrence Rivers; Spain claimed Florida and the 
country lying to the westward; and the Dutch at different 
times held New York, New Jersey and Delaware. English 
colonies were established all along the Atlantic coast, from 
Nova Scotia to Florida, which, though feeble at first, grew to 
be strong and flourishing. In course of time England acquired 
all the possessions of the Dutch, and engaged in a war with 
France over the same question of territory. This was the 



THE THREE FORMS OF GOVERNMENT. 11 

bloody '^ French and Indian War," and was waged between 
England and her American colonies on the one side, and 
France and her American colonies, aided largely by friendly 
Indians, on the other. In this war England was victorions 
and drove the French completely from their possessions in 
America. At the same time Florida was ceded to England by 
Spain, and thus Great Britain came into control of Canada 
nnd the whole region of country lying between the Mississippi 
and the Atlantic. 

II. GOYERNMENT OF COLONIES. When an uninhabited 
country, or a country occupied by savages, is colonized by 
civilized peojole, these colonists carry with them the laws of 
the land whence they come, and remain subject to its goYcrn- 
ment. True to this doctrine, the English colonies in America, 
as also those conquered by England, remained for many years 
subject to the government of Great Britain. But as they were 
so far removed from the mother country, a local government 
was also necessary. This, as a matter of course, was modeled 
after the government of England; but it differed greatly in the 
different colonies. There were three distinct forms, viz. : Pro- 
mncial or Royal, Proimetary, and Cliarier. 

1. Provincial or Koyal Government. — The Provincial 

Government was under the direct control of the sovereign of 
Great Britain. A governor was appointed by him, who acted 
merely as his re^n^esentative, obeying all the royal commands. 

A council, consisting of a small number of men, was also 
appointed by the king to assist the governor m performing his 
duties. This council constituted the upper house of a legisla- 
ture, whose lower house was composed of representatives elected 
by the freeholders or planters of the colony. This legislature 
could make local laws for the colony, provided they did not 
conflict with any of the laws of Great Britain; but they must 
first be approved by the governor, and then sent to England 
and approved by the king, before becoming valid. 

The judges, magistrates, and all other officials who had jiart 
in executing and enforcing the laws, were appointed by the 
governor, subject to the approval of the king. 

At the commencement of the American Eevolution, tlie 



5\ 



12 CIVIL G-OVERNMENT OF THE UNITED STATES. 

colonies of 'New York, New Hampshire, Virginia, New Jersey, 
North Carolina, South Carolina and Georgia had Provincial 
Governments. 

2. Proprietary G-overnnient. — Under the Proprietary 
Government y the king, instead of directly exercising the con- 
trolling power, gave it, together with a title to the soil, into 
the hands of certain persons, who thus became owners ov pro- 
prietaries. These proprietaries were thus invested with kingly 
power. They appointed the governors and other officials and 
organized the legislatures, while the people themselves held 
about the same political rights as under the Provincial Govern- 
ments. 

At the time of the Revolution three of the thirteen colonies 
were under Proprietary Government. Pennsylvania and Dela- 
ware were held by William ^enn as proprietary, and Maryland 
by Lord Baltimore. 

3. Charter Government. — Under the Charter Government 
the ]3eople enjoyed more political privileges than under either 
of the other forms. It was founded upon democratic principles 
and resembled our State governments. The land, and the 
right to govern themselves, were granted to the people of the 
colony by a charter from the English crown. This charter 
divided the government into the three departments, legisla- 
tive, executive and judicial, naming the powers of each, and 
setting forth the rights and privileges of the people. The 
members of the legislature and the governor were elected by 
the people, while the other officers were elected likewise or 
appointed by the proper colonial authorities. 

Massachusetts, Rhode Island and Connecticut had Charter 
Governments at the time of the Revolution, and the Charters 
of Connecticut and Rhode Island proved so satisfactory that 
these States carried on their governments under them for manj 
years after becoming States of the Union. 

4. Supremacy of English Government. — It will readily 
be seen that under these forms of colonial government the 
people enjoyed many political privileges, and appeared to hold 
much of the supreme power. It was an appearance only. 



THE THREE FOKMS OF GOYEKNMEXT. 13 

The goyernment of Great Britain retained, in fact, the abso- 
lute control of every colony. It claimed the power of annull- 
ing any law passed by the colonial legislatures; it claimed the 
Tight of changing the form of government of any colony at any 
time; and it claimed the privilege of enforcing in the colonies 
all the laws passed by the English Parliament. 

By exercising this authority in a tyrannical manner for many 
years, England caused her American colonies to rise up in re'- 
bellion against her, to proclaim their independence, and to 
•establish it by the War of the RevolutioUo 



14 CIVIL GOVERNMENT OF THE UNITED STATES. 

Fourth Lksson. 



CATUSKS OK XHK REVOLUTION. 

1. Remote Causes. 

1. Influence of France. — After her defeat in America by 
the English, France sympathized strongly with the enemies 
of England, and both encouraged and aided the colonists in 
opposing British rule. 

2. Character of Colonists. — The rulers of Europe, together 
with their titled and wealthy subjects, sought only to gain 
greater wealth and glory from the resources of the New \yorld. 
But most of the people who came to colonize this wild country, 
came with far different motives. They were fleeing from the 
tyranny of home governments and seeking for liberty and hap- 
piness. They were stern and hardy in character, and filled 
with such hatred of all forms of tyranny, that they chose the 
hardships and dangers of a wilderness inhabited by savages, 
rather than longer live under cruel laws and law-makers. The 
first generation of settlers passed away, but not the hatred of 
tyranny. That descended from father to son, and was con- 
stantly increased by the new arrivals from the Old World. 

3. Growth of Public Opinion. — After the Mayflower 
anchored in Cape Cod Bay, the people on board signed a writ- 
ten compact, by which they agreed to unite in making laws 
and governing themselves according to the needs of their col- 
ony. This compact contained all the principles of self-govern- 
ment; and from this time on there was an almost continual 
struggle between the colonists and the royal authority, grow- 
ing out of the attempts of the former to uphold these princi- 
ples and the efforts of the latter to crush them. Thus, from 
the first, public opinion steadily advanced in the direction of 
independence. 

4. Character of George III. — This monarch of Great 
Britain, during whose reign occurred the Kevolution, was des- 



CAUSES OF THE EEVOLUTIOX. 15 

potic in character, and unwilling to respect those rights and 
privileges to which the colonists, as British subjects, were 
entitled. 

II. Immediate Causes. 

1. Kavig-ation Acts.— In 1651 the English government 
passed an Act requiring all the commerce of the colonies with 
England to be carried on by means of English ships. After- 
ward another Act was passed, providing that merchandise im- 
ported into the colonies from any country whatever should be 
brought in English vessels; while later on another measure 
declared that all foreign goods must be shipped to the colonies 
froDi British ports only. Thus were the harbors of the colo- 
nies closed against all foreign vessels. ' 

Certain articles which no country but America produced in 
quantities, and which did not therefore compete with English 
productions, were required to be shipped to English ports only; 
but such other commodities as England would not take the 
colonists might send to foreign markets. In the course of 
time other measures of similar nature were enacted, until 
American commerce was nearly destroyed and England had 
the monopoly of colonial trade. But what the American sub- 
ject lost the British merchant gained, and England's aim was 
accomplished. 

2. Laws ill Restraint of American Manufactures. — 

Parliament enacted laws forbidding the exportation of yarn 
and woolen manufactures from the colonies to any place what- 
ever, in order to keep the markets open for English goods. 
Hats could be manufactured in but small quantities by the 
colonists, and only for home use. No iron works could be 
erected or steel manufactured, but all such goods must be pur- 
chased of England. 

3. Importation Act.— Heavy duties were imposed upon 
all rum, sugar and molasses imported into the colonies from 
foreign ports, in order to compel their purchase of British 
merchants. Afterward the Sugar Act added to this list coffee, 
wines and other goods. 

4. Writs of Assistance.— These were general search-war- 



16 CIVIL GOVERNMENT OF THE UNITED STATES. 

rants, giving the officers of tlie crown power to break* open 
and search vessels, stores, private houses or any other place, 
in search of smuggled, goods. They also empowered the 
royal officials to compel the assistance of any person in these 
searches. 

5. Taxation without Representation. — At the close of 
the French and Indian War, England had an empty treasury 
and a large public debt. She had long been jealous of the 
growing prosperity of the American colonies, and now deter- 
mined to raise a revenue by taxing them, claiming that her 
debt had been incurred through protecting them. The colo- 
nists resisted every attempt to carry this out. They consid- 
ered that they had already borne their full share of the bur- 
dens of the war, in maintaining their own troops and giving 
the lives of thirty thousand of their young men. And more 
than this, they were not represented in Parliament; and 
*'• Taxation without representation is tyranny," they said. 

6. The Stamp Act. — This wa^ one of the most offensive 
measures of Parliament to tax the colonies. It provided that 
all instruments in writing, as deeds, bonds, wills and notes, 
and all printed newspapers, almanacs and pamphlets, should 
be written or printed on stamped paper purchased of the Eng- 
lish government. These stamps varied in price from a few 
cents to a number of dollars, and there were fifty-four kinds 
of documents that must be thus executed. 

7. Mutiny Act. — A Mutiny Act had been in force a long 
time, providing for the punishment of mutiny and desertion, 
and for the quartering of British troops. In 1769 a clause 
was added declaring that troops in the colonies must be quar- 
tered and provided for at the expense of the colonists. 

8. Boston Massacre. — The people of Boston were especialy 
decided in their opposition to the obnoxious laws of Parlia- 
ment, and when British troops were stationed in the town to 
overawe them, they became greatly enraged. There were sev- 
eral collisions between the soldiers and the people, in one of 
v^hich the troops fired into the crowd, killing and wounding 
.several persons. This is known as the Boston Massacre. 



CAUSES OF THE REVOLUTIOX. 17 

9. The Tax on Tea. — Duties were laid upon paint, paper, 
lead, glass and tea. Again the colonists objected, so vigor- 
ously that the English government, becoming alarmed, re- 
pealed all the taxes except the one of three pence per pound on 
tea, which was left to keep up the right, the king said. But 
as it was the right which the colonists were opposing, this one 
tax, though in itself not burdensome, irritated them as much 
as the whole had done. They refused to purchase any tea, and 
some of the men of Boston, disguised as Indians, one night 
boarded British vessels laden with tea and threw the caro-oes 
overboard. 

10. Boston Port Bill.— England, as a punishment for 
this act of destroying the tea, closed the port of Boston, and 
removed the seat of government to Salem. 

11. Massacliusetts Grovernnieut Bill. — As a further pun- 
ishment, a bill was passed completely changing the charter 
government of Massachusetts, by taking all the power from 
the hands of the people and placing it in those of the servants 
of the crown. 

12. Transportation Act. — At the same time another Act 
was passed, providing that in the colony of Massachusetts all 
persons charged with murder, or other capital offense commit- 
ted in opposing the government of the crown, should be sent 
to some other colony or to England for trial. 

13. Quebec Act. — The colonies had for years contributed 
men and money to assist England in overthrowing the Eoman 
Catholic church and the French laws of Canada. The Quebec 
Act permitted the Canadians to remain under their French 
laws, and restored to them full religious rights. It also added 
to the province the territory north of the Ohio River. In all 
this the colonists saw only a scheme for their overthrow by tlie 
English crown. 

14. Misrule of Royal Governors. — These officers of the 
crown continually exasperated the people by their overbearing 
and tyrannical rule. 

2 



18 CIVIL GOVERNMENT OF THE UNITED STATES. 

Fiktth: IvKsson. 



SUCCKSSIVK STKPS TO UNION. 

I. The Enemy to Union. As a general thing, the people 
of each colony came from the same locality in their native 
land, held the same political, social and religious views, and 
were alike in their habits and customs. But the people of the 
different colonies differed widely in these respects. The settle- 
ments were often far apart, and communication with eack 
other was difficult. Thus their opinions and interests grew 
more and more diverse, and the spirit of jealousy, which had 
always existed among them, increased in strength as they grew 
more independent of each otlier. This jealousy from the first 
proved a most determined enemy to all attempts at permanent 
union of the colonies, and was only overcome when the popular 
fears of outside enemies grew stronger than the jealous fears of 
each other. 

II. Steps to Union. 

1. First Union, 1643. — The colonies of Massachusets, 
Plymouth, Connecticut and New Haven joined together to- 
resist the encroachments of the Dutch and French and protect 
themselves from the hostilities of the Indians. The league 
thus formed was called the League of the New England Colo- 
nies. Two commissioners from each colony met in council 
and managed the affairs of the league. This union existed 
forty-one years and doubtless aided greatly in educating the 
public in the direction of self-government. 

2. Attempted Union, 1754. — It was more than a hun- 
dred years after the formation of the League of the New 
England Colonies before any important steps were again taken 
toward union; and the attempt, when made, was also for the 
purpose of protection against outside enemies. 

The contest between the French and English over their 
possessions in America had reached the point of open liostili- 



SUCCESSIVE STEPS TO UNTOX. 19 

ties. England saw that war was certain, and advised her 
colonies to unite for common defense. A congress was there- 
fore called at Albany, at which seven of the colonies were 
represented— Massachusetts, New Hampshire, Rhode Island, 
Connecticut^ New York, Pennsylvania and Maryland. 

This Congress formed a treaty with the Six Nations, and 
agreed on a plan of union. Benjamin Franklin was the author 
of this plan, which provided that a president be appointed by 
the king and a council be elected by the people, and that the 
two acting together should regulate the affairs of the union. 
But the king, fearing it would give the colonists too much 
strength, rejected it; while the colonists opposed it because it 
gave too much power to the president. It was therefore never 
carried into effect, and its only apparent benefit was the further 
familiarizing of the colonists with the idea of union. 

3. Congress of 1765. — At this time the English govern- 
ment was attempting to tax the colonies to pay her war 
expenses. The people had been growing irritated and rebel- 
lious, and the passage of the Stamp Act made them furious. 
At the proposal of Massachusetts, a Colonial Congress was 
called at New York, for the purpose of discussing the unjust 
measures of England. All the colonies were represented but 
Virginia, North Carolina, Georgia and New Hampshire. This 
Congress |)i'epared a list of the rights and privileges which they 
claimed, and sent a petition to the king of England, asking 
him to redress their wrongs. 

4. First Continental Cong^ress, 1774.— But the king 
and parliament paid little heed to the petition of Congress, or 
to the complaints of the people, who continued to grow more 
and more indignant, and less inclined to obey the unjust laws 
of England. The Boston Massacre, the tax on tea, the Port 
Bill, the Mutiny Act, with the many other oppressive measures, 
again induced Massachusetts to recommend the calling of 
another Congress. This was done, and all the colonies but 
Georgia sejit delegates. 

At this Congress, which assembled at Philadelphia, Sept. 
5th, 1774, another Bill of Rights was declared, of a mucli 
more decided nature than the other. Articles of Association 



20 CIVIL GOVERNMENT OF THE UNITED STATES. 

were drawn up, pledging the colonies to have no further com- 
mercial intercourse with Great Britain till the obnoxious acts 
were repealed. Another petition was sent to the king, and 
addresses to ;the 23eoi3le of Great Britain, to the peojole of the 
colonies, and to the Canadians concerning the troubles with 
the home government. It was also recommended that another 
Congress be called in May of the next year. 

5o Second Continental Congress, 1775. — The troubles 
with England had continued, to grow more serious, and in 
April, 1775, the first blood of the Eevolution was shed at 
Lexington. The rebellious spirit of the colonists could no 
longer be controlled, and it was evident to many that nothing 
but war could, settle the disputes. 

The Second Continental Congress assembled at Philadelphia 
May 10th, 1775. There were delegates from all the colonies, 
most of those sent to the First Continental Congress having 
been returned to the Second. The most prominent figure 
among them was George Washington. He was dressed in the 
military suit of the Virginia troops, a buff and. blue uniform. 
These were the colors of the liberal or rej)ublican party of 
England. All at once observed this military dress of Wash- 
ington, and by it read, his opinions concerning the future 
policy of the colonies toward Great Britain. 

This Congress constituted the national government of the 
colonies for fourteen years, and during this time accomplished 
their final union. But its proceedings properly come under 
the head of Eevolutionary Government. 



INDEPENDENCE WON. 21 



Retolutioxary government. 



Sixth Lesson. 



INDKPKNDENCE ^V^ON. 

I. CHARACTER OF SECOND CONTINENTAL CONGRESS. 

The colonies sent some of their ablest men as delegates to this 
Congress; Washington was there, the acknowledged leader in all 
movements for the country's welfare. John Adams, Rop-er 
Sherman, John Jay, Peyton Randolph, Benjamin Franklin, 
Richard Henry Lee and Patrick Henry were delegates, together 
with many others famous for ability and patriotism. It is said 
that among these delegates there was as little of selfish motive 
and personal ambition, and as much of ability and 23ure devo- 
tion to country, as ever existed in any assembly of men. 

The character of this Congress at the time of its assembling 
cannot properly be called revolutionary;, its object was not to 
change the existing form of government, nor to establish a new 
one. It had nothing in the shape of law or constitution to 
define its powers. Its proceedings had no legal or binding 
force, and the fact that they were generally sustained was not 
due to any actual power that this Congress possessed, but 
merely to the sense of common danger felt by the inhabitants 
of the country atlarge. 

Although all previous appeals to England to cease her 
oppression had been in vain, it was still hoped that this Congress, 
by taking more decided measures, might bring about the de- 
sired result. The great mass of the people, as well as their 
leaders, had no thought of separation from the mother country. 
They gloried in being subjects of the powerful kingdom of 
Great Britain, and believed there would soon be a peaceful 
settlement of all difiiculties. But their error Avas quickly made 
apparent; they saw there was but one way of escape from 



22 CIVIL GOVERNMENT OF THE UNITED STATES. 

British oppression, and that way lay through revolution and 
separation from England. 

II. Steps to REYOLUTION. l. Immediately upon the 
assembling of the Second Continental Congress, a letter from 
Massachusetts was received by that body, telling of the battles 
of Lexington and Concord, and asking for advice and assist- 
ance. Congress at once realized that immediate and decided 
action was necessary, or there would never be an end to Eng- 
land's oppression. They voted to raise an army of twenty 
thousand men, with Washington as commander-in-chief. 
Although this measure had a strong revolutionary appearance, 
and in reality did prove to be so, yet, at the time, it was taken 
with no such intent. It was simply a means of protection 
against certain obnoxious laws and officials. 

2. But this one rebellions act made others of a similar nature 
unavoidable. It was found necessary to create a continental 
currency, and to establish both a treasury and a post-office 
department. Attempts were also made to regulate commerce. 
And so, apparently without design, this Congress drifted on 
toward self-government. 

3. What is believed to be the first direct j^ublic movement 
in favor of independence, made by any colonial assembly, was 
made by North Carolina. Her legislature passed a resolution 
in April, 1776, instructing her delegates in Congress to unite 
with the others in declaring for independence. 

4. Shortly after this, the legislature of Eliode Island passed 
an Act abjuring further allegiance to the British crown. 

5. Then, in May, the legislature of Virginia instructed her 
delegates in the Continental Congress to propose declaring the 
united colonies a free and independent state. Massachusetts 
and Rhode Island at once instructed their delegates to vote for 
the measure. Accordingly, Eichard Henry Lee, of Virginia, 
on the 7th of June, 1776, offered in Congress a resolution 
declaring the colonies of right free and independent states. 
This is said to have been one of the greatest questions ever 
presented to any assembly for discussion; and to have been 
debated with an ability and eloquence seldom, if ever, equalled. 
The resolution was adopted on the second of the following 
month. 



INDEPENDENCE WON. 23 

III. RETOLUTION: DECLARATION OF INDEPENDENCE. 

Pour days after this resolution was offered by Lee, a committee 
was appointed by Congress to draft a declaration of independ- 
ence. Thomas Jefferson, John Adams, Benjamin Franklin, 
Eoger Sherman and Robert R. Livingston were the members 
of this committee. They presented a draft to Congress, which 
was adopted on the Fourth of July, 1776, by a unanimous 
vote. 

There was no longer any question as to the policy of the 
•colonies toward the mother country. This meant revolution. 

The Declaration of Independence was written by Thomas 
Jefferson, chairman of the committee, and has ever since been 
considered a work worthy of its author's remarkable ability. 
It opens with a statement of the natural rights of man, and 
affirms that the object of government is the protection of 
those rights. It asserts that a failure to accomplish this 
object justifies the overthrow of a government. A list of the 
tyrannical measures of G-eorge III. toward the American colo- 
nies follows, together with an enumeration of the oft-repeated 
and vain attempts of the colonies at redress. Then the colo- 
nies are declared free and independent states, with power to 
administer their own government. The closing ^^aragraph 
contains an acknowledgment of trust in Divine Providence, 
and a pledge to each other of life, property, and honor in de- 
fending this declaration of their independence. 

By this Act of Congress, the thirteen colonies became 
thirteen independent States; and Congress, consisting of but 
one legislative body, with no executive or judiciary, became 
the general government of the United States of America. 

IT. Origin or Articles of Confederation. As 

soon as it became certain that independence would be declared, 
Congress proceeded to lay plans for the union of the colonies 
under a permanent central government. It was evident that 
there would be a fierce struggle with England, and their only 
hope of success lay in united action. This would necessitate a 
power that could control the general affairs of the whole 
people. Congress, although it had made use of this power, 
did not possess it. Therefore, on the same day that a com- 



24 CIVIL GOVERNMENT OF THE UNITED STATES. 

mittee was appointed to draft the Declaration of Independence^ 
another committee was chosen by Congress to p-repare a phm 
for the union of the States under a central government. After 
being debated and amended at various times, the report of this, 
committee was adopted by Congress, November 15th, 1777, 
under the name of the Articles of Confederation. 

y. Ratification of Articles of Confederation. 

These articles were not to go into effect until ratified by all of 
the thirteen States. 

It seems as if at this time, with the country distracted by 
the war Avith England, the colonies Avould have put aside their 
jealousy of each other and been eager to form a strong and 
lasting union. But their sad experience with the home gov- 
ernment had made them fearful of again losing their inde- 
pendent rights in a central government; and their jealousy and 
rivalry could not be overcome excej)t by many years of war. 
But they all desired independence, and because they could 
obtain it only by united efforts, they supported the action of 
Congress sufficiently to enable it to carry on the War of Inde- 
pendence to a successful close. 

On the first of March, 1781, nearly five years after the adop- 
tion of the Articles of Confederation by Congress, Maryland, 
the last of the States to yield, ratified them, and they then, 
went into effect. 



THE ARTICLES OF CONFEDERATION. 25 



GOTERI^MENT OF THE COI^FEDEKATION. 



SeVKNTH IvKSSOjNT. 



THE ARTICLES OK CONKEDKRATION. 

I. NATURE OF Confederation. The Articles of Con- 
federation united the States in a league of friendship, mainl}^ 
for the purpose of defense. By them the States were- bound 
to assist each other against all outside attacks. But the union 
thus formed did not constitute a nation; it had more of the 
nature of a partnership of States, with the central government 
acting as agent. Each State expressly retained its sovereignty, 
freedom, and independence, thus withholding from the cen- 
tral government the supreme power, without which there could 
be no national government. 

The following are some of the leading features of the Arti- 
cles of Confederation: 

1. The government was vested in a single legislative body, a 
Congress, consisting of but one house. 

2. Each State was represented by not less than two nor more 
than seven delegates, and had but one vote. 

3. The assent of nine States was necessary in all important 
matters, and the assent of all for any change in the Articles of 
Confederation. 

4. All military and other governmental expenses were paid 
from a common treasury, which was supplied by the several 
States in proportion to their property. 

5. Congress could send and receive ambassadors, coin and 
borrow money, establish post-offices, commission United States 
officers, and had the final settlement of State disputes over 
title to the soil. 

6. Congress could appoint a committee, consisting of one 
delegate from each State, to act during a recess of that body. 



26 CIVIL GOVERNMENT OF THE UNITED STATES. 

II. Change of GOTERNMENT. The same old Continen- 
tal Congress continued to administer the government under its 
new form; but it had now changed from a revolutionary body 
to a legal assembly. Its powers were defined by a code of 
written laws, which the people of the colonies had approved. 
But, in reality, the government underwent very little change. 
The Eevolutionary War was still at its height, and Congress 
continued to legislate very much as in the past, the States con- 
tinuing to suj)port its measures quite generally till the end of 
the war. 

III. Close of War. Two years after the adoption of the 
Articles of Confederation, the Revolutionary War closed, with 
the triumph of the colonies. It had taken eight years of ter- 
rible war to secure their liberty and independence. The Eng- 
lish army withdrew from the country; the American army dis- 
banded; Washington resigned his commission, and returned to 
his home at Mt. Yernon. The people then prepared to enjoy 
the liberty and peace for which they had so long and so bravely 
struggled. But peace did not come. They found they had 
gained liberty alone. Another enemy was in their midst, quite 
as dangerous as the one they had driven out. It was the weak- 
ness of their own government. 

lY. Defects of Articles of Confederation. The 

selfishness, jealousy and short sightedness of the colonies, which 
had delayed the formation and ratification of the Articles of 
Confederation, had also resulted in making them a very im- 
perfect instrument of government. It was believed that 
enough power had been vested in Congress to make it a strong 
central government. It was found, however, that although 
Congress could make war, and determine the number of troops 
necessary, it could not enlist a single soldier. It could only 
ask the States to raise the troops. It could determine the 
amount of money necessary for war and other expenses, but it 
could not raise a dollar. The States had exclusive control 
overtaxes. It had no power in regulating the commerce of 
States with each other, or with foreign nations. Briefly, Con- 
gress could advise and recommend measures, but could not 
carry them out. It lacked the one element necessary to any 



THE ARTICLES OF CONFEDERATION. 27 

^OYQTi[im.QTii— compelling power. The States had kept in tlieir 
own hands the entire substance of power, giving to Congress 
but the shadow. 

T. HESULT of Defects. The great amount of money 
used in carrying on the war had caused a large public debt, 
and funds were also necessary for the ordinary expenses of 
government. Congress, completely helpless in the matter, 
requested the States to provide for these necessities. Some 
States ignored the request; others refused to comply; while 
still others made the attempt to raise funds by direct taxation 
and stirred up such violent opposition among their citizens 
that troops were called out to quell the disturbances. 

Each State, having entire control of its own commerce 
regulated duties as best suited its own interests. Those hav- 
ing sea ports taxed other States trading through them. Eno-- 
land, taking advantage of the weakness of the government, did 
-all in her power to injure American commerce, and everywhere 
the trade of the United States was fast being destroyed. 

The laws passed by one State frequently worked such direct 
injury to others that the latter retaliated in kind. There was 
constant dispute over the claims of the different States to unin- 
habited territory in the West. Each State had its own paper 
currency, which would not i^ass in other States; and much of 
the coin of the country was fast finding its way abroad. 

The government became an object of contempt to foreign 
nations, England in particular losing no opportunity to ridi- 
cule this people who had struggled so obstinately for self-gov- 
ernment. But more than all else, the American people them- 
selves grew to distrust and despise their own government. 
Men who in the past had bitterly hated monarchial govern- 
ment, came to think and speak of it with leniency. The 
outlook of the country was growing darker than in the time 
of war. 

TI. Attempts at Reform. Congress made repeated 
attempts to alter the Articles of Confederation in a way that 
would give to that body more power, and as often failed. 
That the assent of the whole thirteen States was required for 
amendment or revision was an insurmountable difficulty. 



28 CIVIL GOVERNMENT OF THE UNITED STATES. 

Three times amendments were assented to by twelve of the 
States, but defeated by the refusal of one to approve. 

yil. OooD Kesults of Confederation. Although 

the government of the Confederation was the weakest that 
could well have been framed, and almost without merit, yet it 
is entitled to the gratitude of this nation. Had its defects 
been of less magnitude, it is probable that our Constitution 
would never have been framed. Had the thirteen States not 
experienced so fully its evil effects, our Constitution would 
never have been adopted. Had the weakness of the Articles, 
of Confederation been less, the strength of our Constitution 
would not have been possible. 



PEOM CONFEDEKATION TO CONSTITUTION. 29 

Eighth I^ksson. 



T^ROIVd CONKEDKRATION TO COIMSTI'TUTriON. 

I. Steps to Formation of Constitution. 

1. Virginia and Maryland Convention, 1785. — Most 

great things have small beginnings. A question of dispute 
concerning the navigation and fisheries of the Potomac Eiver 
and Chesapeake Bay caused the first step to be taken leading 
to the formation of the Constitution. Virginia and Maryland, 
the disputing States, appointed commissioners to meet and 
settle the question. These commissioners at once discovered 
that the matter also concerned the rights and privileges of 
other States. They therefore adjourned without taking action; 
but they recommended to their State legislatures the calling 
■of a convention of all the States to advise together in regard to 
the trade of the United States. Virginia, acting upon this 
recommendation, adopted a resolution advising all the States 
to send delegates to such a convention. ^ 

2. Convention at Annapolis, 1786. — A convention was 
therefore called at Annapolis; but, although the States in gen- 
eral favored the undertaking, only five were represented. On 
account of the small number present, and the importance of 
the matter in hand, the convention took no action. It, how- 
ever, recommended to Congress and the several states the 
appointment of delegates by all the States to meet in conven- 
tion at Philadelphia and consider the situation of the United 
States, and provide for the urgent needs of the Union. 

ConoTCSs at once advised the callins: of a convention for re- 
vising the Articles of Confederation. 

3. The Federal or Constitutional Convention, 1787. — 

By this time the affairs of the government had fallen into such 
a state of confusion that the entire people recognized the neces- 
sity for immediate action, in order to preserve the Union. All 
of the States but Ehode Island sent delegates to this conven- 



30 CIVIL GOYEKNMENT OF THE UNITED STATES. 

tion. As on similar occasions, the people exercised unerring 
judgment in selecting these delegates. They not only sent 
their wisest and best men, but men who, with few exceptions, 
had become famous as governors of States, members of Con- 
gress, signers of the Declaration of Independence and the 
Articles of Confederation, and in other capacities. But the 
task before them was one worthy of their greatest wisdom. 
They held the fate of the nation in their hands. 

The time of meeting was appointed for the 14th of May, but 
not until the 25th were enough States represented to under- 
take this work of revision. Washington was unanimously 
chosen president, and the convention proceeded to business 
behind closed doors. The members were pledged to secrecy, 
and it was not till years afterward that the proceedings were 
fully made known to the ^^ublic. 

II. FORMATION OF CONSTITUTION. Although the con- 
vention had been called to revise the Articles of Confederation, 
it was soon decided to abandon this purpose, as they were too 
faulty to admit of revision. The convention at once proceeded 
to the formation of an entirely new instrument of government 
^ — one that would answer the needs of a National Government. 

This proved to be a work so delicate and difficult that it will 
always be a matter of wonder how it was accomplished. From 
the first serious dissensions arose and continued to multiply 
throughout nearly the whole proceedings. The large States 
claimed precedence in ]3i"oportion to their territory, wealth, 
and population; and the small States stubbornly opposed it. 
The free States wished only the whites counted as population; 
the slave States insisted that all be counted. The commercial 
and agricultural States differed widely in their interests. Nearly 
all were opposed to yielding very large powers to the central 
government, while each was afraid the others would secure too 
much influence in such government. 

The best men among the delegates almost despaired of ever 
arriving at any agreement. However, at the end of a long 
struggle, a spirit of concession prevailed among them, which 
resulted in the formation of our Constitution. It required the 



FROM CONFEDERATION TO CONSTITUTION. 31 

labor of nearly four months to accomplish this Avork, but the 
result was well worth a inuch longer labor. 

Because the Constitution contains some features of the Con^ 
federation, the United States government is often called the 
Federal Government, as well as the National Government; and 
the Constitution is spoken of as the Federal Constitution. 

III. Ratification of Constitution. It was pro- 
vided that the Constitution, upon being ratified by Congress 
and .then by nine of the States, should go into effect; but in 
that case only the States so ratifying would belong to the 
Union thus formed. This gave perfect freedom of choice to 
the States; none could be forced into the Union. 

Congress approved of the Constitution on the 28th of Sep- 
tember, 1787, and then submitted it to the States. At once a 
storm of discussion arose. It was attacked at every possible 
point. In some States the opposition was exceedingly strong 
and bitter. In several towns serious riots occurred between 
the friends and enemies of the Constitution. Some thought 
too much power w^as given the Federal Government; others 
not enough. Some thought the Senate should be elected by 
the House of Kepresentatives; others by the people. The 
terms of office were too short or they were too long. Congress 
should vote by States, not by individual members. Keligious 
tests should be required for office; and the seat of National 
Government should not contain so much land. 

But many saw that the choice lay only between the Consti- 
tution and anarchy, and therefore in less than a year eleven 
States had ratified, and the new government went mto opera- 
tion during the first months of 1789. Washington was elected 
President, and John Adams, Vice-President; and then in truth, 
peace and prosperity came to the nation. 

:N^orth Carolina and Rhode Island, the two States that had 
not ratified, after waiting until the success of the new govern- 
ment was assured, joined in the Union, thus completing the 
list of thirteen original States. 

IT. AMENDMENTS TO CONSTITUTION. Many of the 
supporters as well as the opposers of the Constitution thought 



32 CIVIL GOVERNMENT OF THE UNITED STATES. 

that certain omissions in that instrument should be supplied. 
In the first Congress, therefore, ten amendments, constituting a 
bill of rights, were proposed and subsequently adopted by the 
States. These amendments had reference to certain rights of 
individuals, which the people were afraid would not be recog- 
nized by a National Government. Eive amendments have 
since been added, as the needs of the nation required. 




o 

Q. 

-< 
O 






TEERITOKY OF THE UNITED STATES. 33 



GovERi^MEXT Under the Coxstitutiok 



NUNTTH LKSSON. 



TPKRRITORY OK -THK UINTITrKD STATTKS. 

I. The Original Territory, 1783. The treaty of 

peace made with G-reat Britain, at the close of the Revolution- 
ary War, defined the boundaries of the United States. These 
boundaries were: the Atlantic Ocean on the east, the Missis- 
sippi River on the west, the Great Lakes and Canada on the 
north, and the northern line of Florida extending to the Mis- 
sissippi River, on the South. 

This territory comprised about 830,000 square miles— more 
than three times the area of France, Spain, Germany or 
Italy, four of the most powerful nations of Europe. On 
account of this great extent of country and its relatively small 
population, it evidently did not occur to the minds of the 
founders of our Republic that we should ever need or acquire 
more territory. Therefore no |)rovision was made in the Con- 
stitution for such acquisition. Nevertheless it has always 
been acknowledged by all parties that the National Govern- 
ment possesses the right to acquire territory by any honorable 
measures; and this right has been repeatedly exercised. 

II. THE Louisiana Purchase, 1803. During Presi- 
dent Jefferson's administration the first addition of territory 
was made to the original United States. Napoleon Bonaparte, 
who was then at the head of the French government, was 
about to engage in war with Great Britain. Three years pre- 
viously he had purchased the province of Louisiana from 
Spain, and he now feared that the British would open hostili- 
ties by taking possession of this region. To prevent such an 
occurrence, he sold the entire province to the United States 
for the sum of $15,000,000. 

3 



34: CIVIL GOVERNMENT OF THE UNITED STATES. 

This territory t^s many times larger than the present State 
of Louisiana. It extended fron the Mississippi Eiver on the 
east to the Kocky Mountains on the west, and from its wide 
stretch along the northern boundary of the United States, nar- 
rowed down to the width of the present State of Louisiana on 
the Gulf of Mexico. Over a million square miles were com- 
prised in this section, and by its acquisition the area of the 
United States was more than doubled. 

This province was one of great fertility of soil; its climate 
was healthful, and its natural productions many and varied. 
It has proved of vast importance in the growth and develop- 
ment of our country. From it, with the addition of a little 
extra territory, the States of Louisiana, Missouri, Arkansas, 
Iowa, Minnesota, Kansas, Nebraska, Colorado, Wyoming, 
Montana, North and South Dakota, and the Oklahoma and 
Indian territories, have been formed. 

III. Purchase of the FLORIDAS, 1819. The prov- 
inces of East and AYest Florida, which Spam had ceded to 
Great Britain at the close of the French and Indian War, were 
given back to Spain by Great Britain in the treaty of peace 
with the United States. 

During President Monroe's first term of office these prov- 
inces were purchased by our government for $5,000,000. But,, 
owing to the delay of the Spanish government in giving a final 
ratification of the treaty, the United States did not come into 
possession of the purchase until 1821. 

IT. Annexation of Texas, 1845. The present state 

of Texas was once a part of the Republic of Mexico. Most of 
its people, however, were from the United States. In 1836, on 
account of the tyrannical measures of the Mexican rulers, the 
Texans rebelled and established an independent government, 
which they sustained by force of arms. 

In 1845 the United States Congress passed a bill for the 
admission of Texas to the Union. This bill was signed by 
President Tyler three days before the expiration of his term 
of ofiice. In the early days of Polk's administration the Legis- 
lature of Texas approved the bill; and thus Texas became one 
of the United States. 



TEEKITOKY OF THE UNITED STATES. 35 

But this great State of Texas came into the Union upon 
one condition, that her territory should be divided into five 
separate States whenever her government decided so to do. 
This has never yet been done, and she remains to-day by far 
the largest State in the Union. 

y. THE Oregon Treaty, 1846. The country lying west 
of the Kocky Mountains, which is now embraced in Oregon, 
Washington, Idaho, and a section of British America dire'ctly 
north, was long known as the Oregon Country. This territory 
was claimed by the people of the United States under several 
titles: 

1. Captain Gray having discovered the Columbia River, they 
claimed it by right of discovery. 

2. Captains Lewis and Clark having explored the country, 
they claimed it by right of exploration. 

3. It having been actually settled by citizens of the United 
States, they claimed it by right of settlement. 

4. All claims to that region held by France and Spain hav- 
ing been purchased by the United States, they claimed it by 
right of purchase. 

5. But Great Britain also claimed Oregon; and thus for 
many years a controversy was carried on between that govern- 
ment and our own, which at one time threatened to end in 
war. But finally the difficulties were settled by the treaty of 
1846, in which Great Britain yielded to the United States all 
her claims south of the forty-nmth parallel of latitude. Then 
this country belonged to the people of the United States by 
right of treaty. 

TI. Purchase of California, 1848. Although Texas 

had maintained her independence for several years, and the 
United States, England, France and other governments had 
acknowledged it, yet Mexico had never yielded her claims to 
the province. The admission of this State into the Union 
therefore gave rise to a war between Mexico and our govern- 
ment, which resulted in the victory of the latter. By the 
terms of the treaty of peace which followed, Mexico ceded to 
the United States the territory now comprised in California, 
Nevada, Utah, the greater part of Arizona and New Mexico, and 



36 CIVIL GOYEKNMENT OF THE UNITED STATES. 

part of Colorado. The price paid by the United States for this 
territory was $15,000,000, together with the assumption of 
debts owed by Mexico to American citizens, to the extent of 
$3,000,000. 

Til. Purchase of the Mesilla Yalley, 1853. A 

second treaty was afterward made with Mexico, known as the 
Gadsden Treaty, by which the Mesilla Valley, a region of 
country lying south of the Gila Eiver, was purchased by the 
United States for $10,000,000. 

Till. THE ALASKA Purchase, 1867. William H. Sew- 
ard, President Johnson's Secretary of State, accomplished the 
purchase of the vast country of Alaska, containing more than 
half a million square miles. The Eussian government was 
paid $7,200,000 for this possession, then known as Russian 
America. On account of the desolate, arctic nature of a large 
part of the region, its purchase was at the time much ridiculed 
by the people and press of the country, and it became widely 
known as *^ Seward's Folly." It has, however, proved a valu- 
able acquisition. Its fisheries are extensive, and its fur-bear- 
ing animals are a source of great wealth. This country is also 
rich in minerals and timber, and the climate along the coast 
is mild. 

IX. Present Extent, 1898. The area of the United 
States is now 3,600,000 square miles — more than four times 
the extent of the original United States. Its forty-five States 
and five Territories stretch across the entire continent, from 
the Atlantic to the Pacific Ocean, and reach from the Icy Cape 
in the Arctic Ocean to the hot coasts of the Gulf of Mexico. 
Nearly all varieties of soil, climate and productions exist 
within this immense spread of territory; and among its 70,- 
000,000 inhabitants are found natives of almost every country 
on the globe. Yet the same set of laws, framed by that small 
I)ody of men in the Philadelphia Convention, as successfully 
controls the afi'airs of this great country, and protects the 
interests of its vast population, as when the thirteen original 
States, crowded upon the Atlantic sea-board, constituted the 
Union. 



PUBLIC LANDS. 37 



PUBLIC LAKDS. 

I. Public-Land States. Previous to 1784, the Federal 
Government owned no land; in that year it came into posses- 
sion of the valuable tract lying between the Ohio and Missis- 
sippi Rivers and the Great Lakes. This [N'orthwest Territory, 
as it was called, was ceded to the United States by Massachu- 
setts, Connecticut, New York and Virginia. 

In the Land Ordinance of 1785, Congress prescribed the 
manner in which this land should be surveyed, and also set 
apart a certain portion for 'the support of public schools. The 
policy outlined in this Ordinance has been carried out in detail 
by subsequent acts of Congress, and has been extended in 
application to all the territory which has since come into 
possession of the Federal Government. 

Ohio, admitted to the Union in 1803, was the first State 
formed from public land. Since then there have been twenty- 
nine States admitted, and all bat three (Texas, West Virginia 
and Maine) have been public-land States, and, therefore, have 
been surveyed and settled according to the Federal provisions. 

II. System of Surveys. The system of surveying the 
national lands is very simple. The government surveyors first 
mark out principal mericlia7i lines, running north and sautli; 
then parallels of latitude, running at right angles to the 
meridians. These parallels are called base lines. East and 
west of each j)rincipal meridian, at intervals of six miles, are 
drawn lines parallel with it, which are called range lines. 
North and south of each base line, at intervals of six miles, 
are drawn lines parallel with it, which are called toionsMp lines. 
Thus the States of the West are marked off in squares. Each 
square is called a townsliip, and is numbered by counting how 
many squares it lies north or south from the nearest base line. 
Each row of squares running north and south is called a range, 
and is numbered by counting the rows east or west from the 



38 



CIVIL GOVERNMENT OF THE UNITED STATES. 



nearest range line. Hence, in order to find a certain town- 
ship, one has only to know the situation of its j)rincipal 
meridian and its base line, together with the number of the 
township and of the range in which it lies. To situate the 
township then becomes a mere matter of counting miles, 
remembering that each township is six miles square. 

This regularity of j)lan made it very easy for the pioneer 
settlers in the West to '^locate their claims" even while the 
country was a wilderness. The matter was made even simpler 
by dividing each township into thirty-six equal sections. Each 
of these sections, of course, contains one square mile or six hun- 
dred and forty acres, and this area is, in turn, divided into 
quarters and sixteenths. 



1 m. 



6 


5 


4 


3 


2 


1 


7 


8 


9 


10 


11 


12 


18 


17 


Grant 

16 

for 

Schools. 


15 


14 


13 


19 


20 


21 


22 


23 


24 


30 


29 


28 


27 


26 


25 


31 


33 


33 


34 


35 


Grant 

36 

for 

Schools. 



Diagram of a township in one of the newer States, showing- the manner in 
which the sections are numbered, and which ones are grants from the United 
States for school purposes. 

III. ENDOWMENT FOR PUBLIC SCHOOLS. The Ordi- 
nance of 1785 contains the following provision: "There shall 
be preserved the lot number 16 of every township for the main- 
tenance of public schools in the said township." The policy 
here initiated has been adhered to in all laws concerning terri- 



PUBLIC LANDS. 39 

tory subsequently acquired by the United States, and it follows 
that in every public-land State or Territory there is one square 
mile of land in each township which is devoted to the support 
of free education. The title to the land is vested in the State 
Legislature, and from the proceeds of its sale comes a perma- 
nent fund, the interest of which is divided among the different 
townships for the support of their schools. In a few of the 
States, however, each township has its own special fund arising 
from its own section. 

Since the passage of the law for the organization of the 
Oregon Territory, in 1848, section number 36, also, has been 
reserved for the same purpose as section 16. Thus the schools 
of the newer Western States have the income from one- 
eighteenth of the land of the entire State. 

All the best authorities on the subject point out the fact 
that the town governments of the West have grown out of the 
organization for school purposes made necessary by the above 
described system of land grants. Except for this national 
policy, we might find in all the Western States, as we do in 
some of them and in most of the Southern ones, only the county 
governments for local purposes. 

Congress has made other grants of land for the founding 
and support of State universities and of colleges for instruc- 
tion in the branches pertaining to agriculture and the mechanic 
arts. 

IT. Settlement of Public Domain. Under the 

Homestead Act, signed by President Lincoln, a citizen of the 
United States, or one who has filed his declaration of inten- 
tion, man or woman, either the head of the family or single, 
and twenty-one years old, may locate upon a quarter section, 
i. e., one hundred and sixty acres, of unoccupied public land. 
After living thereon five continuous years he or she will receive 
from the United States Government a deed of the land, free of 
cost, excepting small fees paid at the land-office through which 
the business is transacted. 

Under the Pre-emption Act, a person having the above- 
mentioned qualifications may settle upon one hundred and 
aixty acres of unsold public land, build a house thereon, and. 



40 CIVIL GOVERNMENT OF THE UNITED STATES. 

at the end of a year, receive- a title to the place by paying the 
government $2.50 per acre, if it be within the limits of land 
granted to the railroads, or $1.25 if it be outside of these 
limits. Soldiers may acquire title to public land on still easier 
terms. 

Besides the land, amounting to about eighty million acres, 
granted to the States for school purposes, large tracts have 
been set aside for Indian and military reservations; much has 
been given to railroad corporations and canal companies, and 
there are still remaining large areas of unoccupied public land. 



CONSTITUTIONS AND ELECTORS. 41 



STATE QO^ERNMEISrTS. 



BlvE^VKNTH LKSSON, 



COMSTITTUTIONS i^ND ELKCTORS. 

I. State Constitutions. 

1. Their :N"ature and Origin.— A constitution is the estab- 
lished form of government of a State or Nation. One of the 
most important powers of the people of a free government is 
that of securing their rights by a written constitution of their 
own choice. Their legislative bodies can then make no laws 
that this constitution forbids, and there can be no oppressive 
or tyrannical measures which the people themselves cannot 
control. 

The English people have no written constitution. The body 
of princij^les contained in the Acts of Parliament, the rulings 
of the courts of law, and the established customs of the coun- 
try, extending back through centuries, is called the English 
constitution. It is in constant process of change, for Parlia- 
ment has the power to make any new law it sees fit, or to abol- 
ish any old law. 

The people of the United States were the first in the history 
of the world to have written constitutions. They had had 
experience of the fickle will of cruel kings and law-making 
bodies, and they determined to be governed by well established 
and written codes of laws, which could never be forgotten, and 
never be changed except as the people themselves desired it. 

Even before the formal Declaration of Independence had 
been made, the Continental Congress recommended the colo- 
nies to organize State governments. Eleven of the colonies 
responded to this suggestion by adopting State constitutions 
within the course of a few years, while the other two, Con- 
necticut and Ehode Island, substituted their liberal royal 



42 CIVIL GOVERNMENT OF THE UNITED STATES. 

charters instead. But when the National Constitution was 
formed, that became, within the range of its powers, the 
supreme law of the land. Tli^ State constitutions, therefore, 
cannot in any way conflict with it, or with the laws made 
nnder its provisions. But the States, having the supreme 
power in all other matters, have each adopted a constitution 
which comes within the limits of this power, and by which 
the people of that particular State are governed. 

2. Hoiv Tliey are Framed. — The State constitutions 
have without exception been the work of constitutional con- 
ventions. The people of a State cannot all come together to 
frame a constitution; they therefore choose representatives, or 
delegates as they are called, who meet in convention and draft 
a form of constitution which they think best adapted to the 
government of that particular State. This, however, is only a 
draft, and can have no force as law until it has been regularly 
adopted by the people at large. 

3. How They are Adopted. — This draft is submitted to 
the people at an election, for their decision ujoon it. It is 
accordingly adopted or rejected as the majority vote. 

4. How Tliey are Revised and Amended. — Every con- 
stitution must be capable of change to a certain degree. Both 
the public and the private life of the people are constantly 
developing, and hence their requirements are as constantly 
changing. The fundamental law of the State must therefore 
be capable of a corresponding modification. The constitution 
itself usually contains provisions for making these changes or 
amendments. 

When a general revision is thought necessary, the method of 
proceeding is usually the same as in making a new constitu- 
tion. But it is more difficult to effect a single amendment 
than a general revision. An amendment must be assented to 
by both houses of the Legislature, in some cases by a simple 
majority and in others by a three-fifths or two-thirds vote. In 
some States it has to be voted upon and carried by the Legis- 
latures of two successive years. Finally it is submitted to the 
vote of the people, when a simple majority is sufficient for its 
adoption. 



. CONSTITUTIONS AND ELECTORS. 43 

5, Division of Government.— Every State constitution 
separates the legislative, executive and judicial departments as 
thoroughly as the National Constitution itself. But here, 
also, they are not entirely distinct, each one having a certain 
degree of control over the others. 

II. SUBDIYISIONS OF STATES. Some sections of a State 
may require laws that are not necessary in others. Certain 
officers, as sheriffs and collectors of taxes, must each have his 
jurisdiction confined to particular limits, or great confusion 
would result. For these and other conveniences in adminis- 
tering the government, States are divided as follows: 

1. Counties. — Every State in the Union is divided into 
counties. In Louisiana these divisions are called parislies. 
Counties in the same State are nearly uniform in size; but the 
'Counties in one State, as compared with those of another, vary 
greatly in extent and number. 

2. Towns or Tovrnsliips. — Counties are subdivided into 
towns or townships in all the States except those of the far 
West and most of the Southern States. 

3. Districts. — Towns are variously divided into election, 
school and road districts. Both counties and towns are divided 
in some cases and united in others to form districts for the 
election of certain National and State officers. On account of 
the great diversity and complicated nature of these districts, it 
is not possible to fully discuss them in any general work. 

III. YoTERS OR Electors. 

Definitions. — Whenever tlie ]jeople are spoken of in a politi- 
-cal sense, that is, in connection with matters of government, 
voters are meant; those who by right of voting carry on the 
government. Voters are often called electors. The right to 
Tote is called the right of elective franchise, or the right of 
suffrage. 

QuALincATiONS. —When the Federal Constitution was 
framed, the qualifications required of voters in the several 
States were verv diverse. The Convention, after much dis- 



4:4: CIVIL GOVERNMENT OE THE UNITED STATES. 

cussion of the matter and many vain attempts to settle iipon 
a uniform right of suffrage, decided to leave the matter entirely 
with the individual States. 

This former great diversity of qualifications has of late years, 
been very much modified. The tendency now is toward uni- 
versal suffrage. 

1. Sex. — In the four States of Wyoming, Colorado, Utah, 
and Idaho women vote on all questions and are eligible to all 
offices filled by election. In Kansas they vote on municipal 
questions and are eligible to municipal offices. In Iowa and 
Montana tax-paying women vote on questions relating to the 
expenditure of public moneys. In Illinois women vote for 
trustees of the State University, and in more than half the 
States they vote on all school matters. In the remaining 
States the suffrage is limited to men. 

2. Citizensliip. — A nation cannot be safely governed by 
men who take no interest in its affairs, and who have not the 
welfare of the people at heart. Therefore aliens, or persons, 
born in foreign countries, when they first come here to reside, 
are not allowed the privilege of voting. But laws have been 
made by which aliens, after residing here long enough to 
become acquainted with our government and to become at« 
tached to its institutions, can be naturalized, that is, made 
citizens of the United States. 

Some States allow an alien to vote upon his simply declaring 
his intention to become a citizen of the country. 

3. Age. — The common law long since arbitrarily estab- 
lished the fact that a youth reaches the age of understanding 
and responsibility when he becomes twenty-one years old. 
Previous to that time he is not supposed to be capable of trans- 
acting business or of understanding the nature of government 
sufficiently to act with judgment. Therefore all the States 
have fixed this age as the time when the right of franchise 
shall be acquired. 

4. Residence. — In order that one may vote understandingly, 
he should reside in the State long enough to become acquainted 
with its laws and government, and to learn the character and 



CONSTITUTIONS AND ELECTORS. 45 

•qualifications of those for whom he votes. All of the States 
require that voters shall have been residents, for a specified 
time, of the State and district wherein they vote. The time 
varies in the several States from three months to two years. 
This law IS also made to prevent illegal voting; otherwise large 
numbers of men might be taken from one district to another 
or from one State to another at election time, and by their 
votes change the result of the election. 

^ 5. Criminals.— It is generally provided in State constitu- 
tions that voters convicted of infamous crimes are deprived of 
the right of franchise. They are then said to be disfranchisecl 
The phrase '' infamous crime" is usually held to mean any 
crime punishable by imprisonment for a term of years. It is 
not considered proper for men guilty of high crimes to take 
part in administering a government which they have them- 
.selves defied. 

It is sometimes expressly stated in a constitution that a 
pardon before the close of the term of imprisonment shall 
restore the right of citizenship and suffrage. Whether stated 
or not, this is usually the effect of a pardon. Often criminals 
are pardoned a short time, even a day, before their terms 
expire, for this purpose. 

6. Idiots, Lunatics and Paupers. — These three classes 
-are universally denied the right of suffrage. It is very evident 
that idiots and lunatics cannot exercise the right understand- 
ingly; though many who are allowed the right should un- 
doubtedly be placed under one or the other class. 

Paupers are supported at the direct expense of the govern- 
ment, and are allowed no vote. This right is denied them on 
the ground that there would be great danger of bribery and 
maltreatment by i^oor-house officials if the paupers were allowed 
the right of suffrage. 

7. Other Qualifications. — Formerly there were certain 
property qualifications imposed upon the voter. These no 
longer exist. Ehode Island, the last State to abolish such 
requirements, did so in 1888. Several States, however, require 
the payment of a poll-tax as a condition for voting. 



46 CIVIL GOYEENMENT OF THE UNITED STATES. 

In Connecticut, Wyoming and Massachusetts the voter must 
be able to read the State Constitution in English, and in the 
last mentioned State must also be able to write his own name. 
Indians not taxed are commonly excluded from voting. 
Other minor requirements are made by a few States. 

8. Color. — The Fifteenth Amendment to the United States 
Constitution has placed the only limitation upon the States in 
regard to conferring the right of suffrage. By this, all the 
States are forbidden to deny the right of franchise to any citi- 
zen on account of race, color, or previous condition of servi- 
tude. After the War of the Eebellion, which resulted in the 
abolition of slavery, this amendment^ was added in order to 
give the right of suffrage to all persons of African descent. 
Previous to this no colored person could vote in the Southern 
States, and in only three or four of the Northern States. 



NOMINATIONS. 4 J 



NOIVIINATIONS. 

I. Political Parties. As soon as onr National Gov- 
ernment was organized, people began to have different opinions 
about their rights and duties under the Constitution. By rea- 
son of this, political parties, after a little, sprung into exist- 
ence. During the second term of Washington's administra- 
tion they had their origin; but it was not until nearly a quarter 
of a century later that they advanced from a merely local 
nature into National importance. 

Since that time they have always existed, growing with our 
growth as a people, until they have become such powerful 
forces in our political affairs that it would be practically 
impossible to conduct our government without them. They 
are, in fact, a necessity to any free government; for where the 
people themselves decide political questions, it must be done 
by majorities, and political parties are the agencies for obtain- 
ing majorities. These parties also support widely-circulated 
ncAvspapers; print millions of political pamphlets, and dis- 
tribute them throughout the land; cause many public addresses 
to be made; and in numerous ways keep the people enlightened 
in regard to the important issues of the times, and the views 
of leading minds. 

These parties are formed on National questions, and it is 
always National issues that keep up their life. In State poli- 
tics sometimes distinct State parties form when an important 
local issue arises; but in general the lines of these two great 
parties extend from National matters down through the j^oli- 
tics of all the States, reaching even to the election of the 
lowest township official. One of the most im^jortant political 
problems of to-day is the separation of local from National 
politics, to the end that questions of town, county and city 
government may be decided on their merits. At present party 
loyalty keeps many voters from supporting local measures of 
which their individual judgment approves. 



48 CIVIL GOVERNMENT OF THE UNITED STATES. 

II. Definitions. To nominate means to name for an 
office or place. The use of the word is quite closely confined 
to politics, where its meaning is to name persons for election 
to some office. The persons thus named are called the candi- 
dates or nominees. 

III. Why Nominations are Made. Nominating can- 
didates for office is a matter entirely outside of the control of 
law. It is simply a custom, and well illustrates the fact that 
the people of this country are free to assemble peaceably at 
their will to transact any business. But although not a matter 
of law, it is practically of the greatest importance. If, on 
election day, every elector voted for whatever individual pleased 
him, so great a number of persons would receive votes that it 
would scarcely be possible for any of them to have a sufficient 
number for election, and therefore no result would be reached. 
It might also happen that some persons, if elected, would not 
be able to serve, thus making other elections necessary. There 
are also great numbers of ignorant and indifferent voters, who 
either would not vote at all, or would vote much more unwisely 
if names of candidates were not suggested to them. Moreover, 
the public interest is aroused by being centered on a few indi- 
viduals, and the character and ability of the candidates become 
well known to the people before election. For all these reasons 
it seems to be highly important to select persons before election, 
so that on election day there shall be but few persons to be 
voted for. Qf course no one is oblige^l to vote for the candi- 
dates thus selected, but as a matter of fact, voting is almost 
universally confined to such nominees. 

IT. How Nominations ake Made. Since about the 

year 1825, the caucus or convention method of placing in 
nomination candidates for office has prevailed, and has steadily 
increased in use, until now it governs all nominations, from 
the highest grade to the lowest. 

The course of nominations is descending and ascending; that 
is, the calling of the different nominating conventions com- 
mences with the call for the highest, or National Convention, 
and descends in regular order to the call for the lowest, or 



NOMINATIONS. 49 

township caucus; while the order in which these conventions 
are held is from the lowest by successive steps to the highest- 
That the subject under discussion may be fully illustrated, 
we will follow the course of nominations in a presidential year; 
for then the National Convention, as well as the State, county, 
township, and other conventions are held. And as all political 
parties follow almost exactly the same course of proceeding in 
this matter, a description of the methods of any one of them 
"will be applicable to all. 

Calling of Conyentions. 

1. Calling" of a l^ational Convention. — Early in the 
Presidential year, or in the latter part of the preceding year, 
the members of the National committee — which was appointed 
at the National Convention four years before, and which is 
made u}^ of one citizen from each State, and in some cases one 
from each Territory — meet and organize by the selection of 
oflBcers. They then agree upon the place for holding the 
National Convention of their party, six months or more later. 

2. Calling- of State Conventions. — Then the State com- 
mittees of the respective States, which were elected at the last 
State Conventions, meet, organize, and fix the day and jilace 
for holding their State Conventions. 

3. Calling- of County Conventions. — The county commit- 
tees of the various counties of each State next meet, and, after 
the usual organization, fix a day for their County Conventions. 

4. Calling of Township or Ward Caucuses. — Lastly, the 
committees of the various townships of each county, and those 
of the wards of the cities included in the respective counties, 
meet, organize, and settle upon a day and place for the town- 
ship or ward convention, or caucus, as this ^jrn?z«?'?/ convention 
is called. 

The hours of voting at a caucus are determined and pub- 
lished by the township and ward committees. 

Work of Conyentions. 

1. Caucus or Primary. — This convention is called to 
order by the chairman of the township or ward committee, 
4 



50 CIVIL G-OVERNMENT OF THE UNITED STATES. 

and at once some attendant at the meeting is selected by accla- 
mation for chairman of the caucus, and assumes control as its 
presiding officer. Then a secretary and two or more tellers are 
similarly chosen; after which all these officers must take the 
oath of office, as ^orescribed by law. 

The duties of this caucus are fourfold: 

1. To select a township or ward committee whose duty shall 
be the mana2:ement of future caucuses. 

2. To nominate such officers as are required for that township 
or ward alone; as, supervisors, justices of the peace, etc. 

3. To select as many delegates to the county convention as 
that particular township or ward may be entitled to by allotment. 

4. To transact such other business as may properly come 
before the caucus. 

The voting is done by ballot or otherwise, as published by 
the committee, or as may be agreed upon by the members ot 
the caucus. The vote for delegates is certified to by the caucus 
officers, and this serves as a certificate for the delegates selected,, 
showing that they are entitled to sit in the county convention. 
The chairman announces the result of the voting for township 
or ward committee and for local officers, and declares those re- 
ceiving a majority as selected for a future committee, or as 
being the nominees of the party. 

The usual qualifications required to become a voter at a 
caucus are, that the ])erson be legally entitled to vote in the 
precinct wherein the caucus is held, and that he declare his 
intention to support the candidates of the party at whose cau- 
cus he seeks to vote. 

The customary order of business of the caucus or of any 
convention may be changed by vote. 

2. County Convention. — This convention is called to 
order by the chairman of the county committee, and is theu 
organized in the same manner as the caucus. 

The work of a county convention is: 

1. To select the members of the succeeding county com- 
mittee, by calling the roll of the towns and asking the spokes- 
man of each town delegation to name a person selected trom. 
such town to represent it on this committee. 



NOMINATIONS. 51 

2. To nominate such officers as are to be elected in and for 
that county, as sheriff, county clerk, etc. 

3. To select two delegates to represent the county as a con- 
gressional district in the National Convention if the county 
chances to constitute a congressional district. 

4. To select the allotted number of delegates to the State 
convention. 

5. To transact any other necessary business. 

3. Coiig^ressional District Convention.— If the county 
does not constitute a congressional district, as it usually does 
not, no delegates to the National Convention are selected at 
the county convention; but the selection of such two delegates 
is made at the congressional convention held in and for each 
congressional district. 

This convention is called by the congressional committee of 
the district; and delegates to it are chosen in the same manner 
as those to other conventions. It is held every second year, 
for the purpose of nominating its candidates to the lower 
house of the National Legislature; and every fourth year it 
selects delegates to the National Convention, as stated above. 

4. State Convention. — After this convention is called to 
order by the chairman of the State committee, the organiza- 
tion is carried out in a manner similar to that of the preceding 
conventions. 

The duties of this convention are: 

1. To fix the membership of the new State committee, by 
calling upon each county delegation to name a citizen of that 
county so to act. 

2. To select nominees for the various State offices about to 
become vacant, as governor, lieutenant-governor, attorney 
general, etc. 

3. To select four delegates at large to the National Conven- 
tion, to represent the two United States Senators of the State. 

4. To make up the Electoral ticket, or members of the 
Electoral College. This is done by having the convention at 
large determine upon two electors for the United States Sena- 
tors; and by calling the roll of congressional districts by num- 
ber, and having the delegates from each district name a citizen 
of that district as an Elector. 



52 CIVIL GOVERNMENT OF THE TNITED STATES. 

But the delegates to this convention are selected by counties, 
and congressional districts are often parts of a county, several 
counties combined, or whole counties and parts of others taken 
together. In order, therefore, to choose the electors by con- 
gressional districts, the delegates sent by the counties combine, 
divide, and re-district themselves, so that a certain number of 
them represent each congressional district in the State. These 
then, not as county delegates, but as the representatives of a 
given congressional district, name an Elector. 

5. To do such other business as may pro^^erly come before 
the convention. 

5. National Convention. — This convention is made up of 
the delegates sent from the States and Territories, two for 
every United States Senator, two for every member of the 
House of Eepresentatives, and two for every territorial dele- 
gate to the lower house of Congress. In case any regular 
delegate is unable to act, his alternate, who was selected at the 
same time, serves in his place. 

This convention organizes in the usual form, then proceeds 
to its duties, which are: 

1. To fix upon the necessary !N"ational committee, by calling 
npon each State and Territory to name its member. 

2. To accomplish the important work of nominating candi- 
dates for the Presidency and Vice-Presidency of the United 
States. 

3. To transact any other business properly coming before it. 
The Republican party has established the custom, at the 

National Convention, of permitting a majority to nominate, 
while the Democratic party requires a two-thirds vote of all 
delegates for the nomination of President and Vice-President. 

Y. Other Contentions, it will be observed that the 

preceding conventions are all in the direct course leading up 
to the nomination of President and Vice-President, and that 
the work of each is necessary to the completion of the system. 
There are besides various other important nominating conven- 
tions or caucuses. 

1. United States Senatorial Caucuses. — United States 
Senators, as will hereafter be fully explained, are elected by 



NOMINATIONS. 5 d 

the legislature of each State. They are first nominated in 
cancnses held by the members of the different political parties 
who compose the legislatures. 

2. State Senatorial Conventions.— For the nomination 
of State Senators, conventions are called by the senatorial com- 
mittees of each senatorial district. The course of nomination 
IS descending and ascending, as outlined heretofore. When 
however, caucuses or conventions are to be called for other 
or purely local objects, delegates to the senatorial convention 
may then be chosen; but all the business to be transacted by 
way of selection of delegates or making nominations must be 
published in the call for the convention. 

3. Assembly District Conventions.— These are held for 
the purpose of nominating candidates for the lower house of 
the State Legislature. The delegates to these conventions are 
selected at township caucuses. 

4. Special Conventions. — Sometimes special conventions 
or caucuses are called for selecting delegates to the higher con- 
ventions. 

5. City and Village Conventions or Caucuses. — Many 
city and village officers are nominated in conventions or cau- 
cuses held for that purpose. 

TI. Platforms and Planks. Each party usually issues 

a formal declaration of principles, called a j^lcitform, thus mak- 
ing public its opinions concerning the important questions of 
the day, and its future intentions in regard to them. The 
declaration of each of these principles is called 2^. j^lctnh. 

It is within the |)rovince of any convention to declare a plat- 
form of principles; but, practically, while this is always done 
at national conventions, usually at State, and occasionally at 
county conventions, it is almost unheard of at caucuses. 



54: CIVIL GOVERNMENT OF THE UNITED STATES. 



KLKCTIONS. 

I. Preliminary Proceedings. The time between the 

nomination of presidential candidates and the general election 
is always one of great political excitement. In local elections 
this is not usually so much the case, although the election of 
the higher State officials often arouses strong political interest. 
Immediately after the nominations, the political parties enter 
upon the work of the campaign with great activity. The 
difterent parties apjooint their committees in county, town and 
district to carry on the local preparations. Numberless politi- 
cal meetings, addressed by speakers brilliant or otherwise, 
pamphlets, newspapers and other printed matter, are the means 
used to influence the votes of the electors; while showy parades' 
and various other spectacles keep up the popular excitement. 
All this is not without its evil effects. Private interests are 
neglected and forgotten; bitter animosities spring up; fraud 
and deception become prominent agents in the work; and the 
entire business of the country is paralyzed. But on the other 
hand, there are many good results. The ignorant voter be- 
comes enlightened on matters of government; the conflict 
between right and wrong is kept under way; party issues are 
brought to the foreground; and dishonest candidates and 
measures become well understood by the people. 

II. Registration. Some States require registration, 
especially in the large cities. Each voter, within a specified 
time preceding the election, must go before certain officials 
appointed for the purpose, and satisfy them that he has all 
the qualifications required for voting in that particular elec- 
tion district. His name is then put down in the list of voters, 
and only those whose names are thus registered can vote on 
election day. This prevents much illegal voting, and does 
away with many hindrances which would otherwise arise 
during the election, from necessary examination of voters. 



ELECTIONS. 55 

III. WHEN AND Where Elections are Held, in 

most of the States, the general State election is held in Octo- 
l3er or Noyember; but the presidential election is held in all 
the States at the same time, yiz. : the first Tuesday after the 
first Monday in K"oYember. 

Counties and towns are divided into election districts for 
greater convenience in voting. A place is selected in each one of 
these districts, usually as near its center as possible, for carry- 
ing on the work of election. This place is called the 2^oUs or 
2)olU7ig idlace. Poll is a Saxon word meaning head, and has 
come to be applied to a person. Because the polls or persons 
voting are here counted, the place is called as it is. 

The polls are generally open from sunrise to sunset on elec- 
tion day. This is presumed to give ample time for every voter 
in the district to reach the polling place and cast his vote. 

IT. The Ballot. The essential feature of a vote by bal- 
lot is secrecy. It is this which promotes independence in 
voting, and prevents bribery, by making it impossible for one 
who has bribed a voter to be sure that his man will not j^lay 
him false at the polls. All States attempt in their election 
laws to protect the voter in this secrecy. The States most suc- 
cessful in this are those which have adopted some form of the 
Australian Ballot System (so called because first practiced in 
Australia). According to this system, the government prints 
all the ballots, placing on each one the names of all the candi- 
dates of as many di^^erent political j^arties as have sent in their 
nominations to the proper officers. An officer at the voting 
place furnishes each voter with a ballot. Before tlie voter 
casts this ballot he makes a cross against the names of the 
candidates for whom he wishes to vote. This marking of the 
ballot is done at a desk where the hands of the voter are con- 
cealed from view. The ballot is then folded and deposited in 
the ballot-box. The polls are guarded against loafers. The 
number of voting places provided is large enough to give each 
voter plenty of time to mark his ballot. The blind and illiter- 
ate are assisted by one or more officers, often one from each 
political party. If the voting be in a place where registration 
is required, the voter's name is checked on the registration 



56 CIYIL GOVERNMENT OF THE UNITED STATES. 

list and added to the poll list, as soon as lie has voted, and no 
one can vote under that name again that day. 

y. INSPECTORS OF ELECTION. The officers who have 
charge of the polling place and the voting on election day are 
usually called jtidges of electio?i or inspectors of election. Some- 
times supervisors or other officials perform this duty. The 
number of these inspectors varies from two to five. They are 
allowed to select persons, usually two, to act as their clerks. 
Each clerk keeps a list of the persons voting, which is called a 
poll-list. 

YI. CHALLENGrlNG. If the inspectors themselves, or any 
bystanders, suspect that a person offering to vote has not the 
necessary qualifications, but is trying to cheat, they may ques- 
tion his right to vote. This is called challenging his vote. A 
person thus challenged cannot vote until the challenge is with- 
drawn, or until he himself makes oath that he is thus qualified, 
or until some other competent person proves his qualifications. 

Til. Canvassing or Counting the Totes, in most 

States the polls are closed at sunset. The box is then opened 
and the votes counted by the persons in charge. If the num- 
ber of ballots in the box corresponds with the number of names 
on the poll-list, it is presumed no mistake or fraud has occur- 
red in the election. If, however, there are more ballots than 
names, in some States the election is void. In other States 
enough ballots are drawn at random from the box and destroyed 
to leave the number of ballots and names of voters the same. 
The official report of the votes, called a return, is then sent to 
the proper authorities or board of canvassers. The results of 
the election in the several districts of the town are computed 
together by the town canvassers, and the final result as. 
regards town offices declared. The vote of each town is 
then sent in to the county canvassers, and the result in the 
county declared. To determine the election of State officers, 
or officers elected for districts comprising more than one 
county, the county canvassers all send in the returns from 
their counties to the State canvassers. Notices of their elec- 
tion are then sent to the officers elected, and in some States 
certificates of election are sent. 



ELECTIONS. 5'^ 

Till. NUMBER OF Totes Necessary for Election. 

Originally all elections were decided by the vote of the major- 
ity. In most of the States a plurality is now all that is 
required. The New England States still require a majority 
for some of their highest officers. 

For a majority one man must have more votes than all the 
other candidates put together; that is, he must have more 
than one-half of the whole number of votes cast. A man has 
a ijlurality when he receives more votes than any other one 
candidate, although it may fall far short of one-half of the 
votes given. Suppose three candidates receive together 2000 
votes; the first 900, the second 600, and the third 500. The 
first has more than either of the other two, and therefore has 
a plurality. He has not a majority, however, as that would 
require 1001 votes. 

Neither of these methods works justice in all cases. Both 
are open to serious objections. A candidate may be elected by 
a plurality when a very large majority of the people vote 
against him. For instance, if out of 2000 votes one candidate 
receives 680, another 670, and a third 650, the first will be 
elected by the 680 votes, while 1320 votes will have been cast 
against him. But when a majority is required, it is many 
times difficult to reach a decision, as no one man may secure a 
sufficient number of votes. This usually necessitates another 
election, and often, by reason of this, offices are left vacant a 
long time. 

IX. Corruption, The greatest danger that threatens the 
Nation to-day lies in the corruption of our nominations and 
elections. The country has become so rich that unlimited 
funds can be had for the purpose of exerting fraudulent influ- 
ence in these matters. The man who will sell his vote is con- 
temptible; the man who will buy it is more contemptible. 
Yet in many communities there are hundreds and even thou- 
sands of commercial votes, and seldom any lack of purchasers. 

Many illegal votes are smuggled into the ballot box through 
the carelessness or dishonesty of officials. Dependent men are 
forced to vote according to the will of their masters; weak 
men are terrorized by the strong; election returns are tarn- 



58 CIVIL GOVERNMENT OF THE UNITED STATES. 

pered with by unprincipled officers; and fraud is practiced in 
all possible ways. 

But there exists a certain remedy for these evils. The hon- 
est men in a community are always in excess of the dishonest. 
If the former would exercise the same degree of interest and 
vigilance in the affairs of government as the latter, right and 
justice would certainly prevail. If men of principle would 
make it their first duty to attend caucuses and nominating 
conventions, only honest men would be nominated. If honest 
men were nominated, honest men would be elected. 



THE TOWN. 59 

FOURTEKNXH LESSON. 



THK TOWN. 

I. Origin of the Town or Township. The oldest 

institution of our present system of government is the town, 
or township, an institution existing more than two thousand 
years ago among our ancestors, the ancient Germans. They 
were a brave and warlike people, and in early times dwelt 
together in groups of families and kinsfolk, each household 
having a hut with dooryard and garden attached. But they 
pastured their herds in common, they brought their water 
from the same spring or stream, and cut their fuel from a 
common forest. Around each cluster of houses, as a means of 
-defense, a hedge or ditch was made, called a tiin {toon). 
Those living within this enclosure were Mnes-men, and the 
land owned by them was the tun-scipe {toon-sMpa) or town- 
.ship. The heads of the households met together frequentl}', 
around a sacred tree, to administer their affairs of government; 
to expel certain v^^rong-doers; to impose fines; to settle disputes; 
and to attend to all their common interests. 

During the fifth century these Germans began to conquer 
Britain, and established there their customs and forms of local 
government. Two tribes, the Angles and Saxons, were the 
most prominent, wherefore the country became known as E7ig- 
land, and its institutions as Anglo-Saxon. Hence, when the 
English established governments in America, the township 
institution was naturally among them. But the modern 
American township differs widely from the Un-scipe of our 
.ancestors. 

II. IMPORTANCE OF THE TOWNSHIP. In the Xew Eng- 
land States the town is the most important division of the 
State, and exercises nearly all the powers of local government. 
There the county is of little importance. In the Southern 
and extreme Western States the county is the most important 
State division; while in the Middle and some of the \Yesterii 



60 CIVIL GOVERNMENT OF THE UNITED STATES. 

States the powers of local government are quite equally divided 
between the two. But it must be borne in mind that the towiL 
does not exist in all the States, and where it is absent the 
county exercises all the powers of local government. 

III. The Town a Corporation, a corporation is de- 
fined as an artificial person. By this we are to understand that 
it is an association of natural persons, authorized by law to 
transact business as a single individual. Corporations ar&' 
Private or Public. Private Corporations are those founded 
by private enterprise; as, for example, banks, insurance com- 
panies and railroads. Piihlic Corporations are those created 
by the government for governmental purposes. Counties, 
towns, cities and villages are public corporations. They have,, 
to a certam extent, power to buy, hold and sell property, and 
may sue or be sued as natural jpersons. 

IT. Town Meeting. The people of each town meet 
together once a year, to elect officers and transact certain 
other business. This meeting is usually held in the largest 
Tillage, or the one nearest the center of the town. Some 
towns own halls in which their meetings are held; in others, 
churches or school-houses serve the purpose. An officer, 
called the Moderator, is elected at each meeting, to act as its 
presiding officer. 

In giving notice of a town meeting, all questions that will 
be presented for discussion must be clearly stated, so that- 
everyone may have time to consider them and form opinions 
before the date of the meeting. 

Besides electing the town officers, the electors, at this meet- 
ing, vote a tax for school purposes, for highways, and for other 
town expenses. They decide what salaries shall be paid town 
officials, and pass regulations for the coming year. They also 
receive the reports of the town officers of the past year. 

In the work of this meeting, aside from the election of 
officers, it will be seen that the representative system is done 
away with, and we have an example of pure democracy. 

y. Town Officers, a large majority of the town officers, 
are elected annually, and all of them are required to take the oatk 
of office; that is, they swear to faithfully perform their duties^ 



THE TOWN. Q1 

1. SelectmeD, Supervisor, Trustees or Council.— The 

town, as we have seen, is a corporation, and therefore acts as 
a single individual. But it must act through some natural 
person or persons, who are its agents. 

In some States, especially the New England, there are 
several persons who fill the chief office of the town and repre- 
sent it as agents. They are usually three or more in number, 
and are called selectmen. In other States these officers are 
called trustees of toiunsU2)s, and sometimes the to2vn council. 
In still other States one officer represents the town, and is 
called the supervisor. 

In the New England States, where the town is the most 
important State division, the powers and duties of its officials 
are much greater than those of the county officials. In States 
where the county is the chief division, the reverse of this is true. 

The New England selectmen issue the warrants for the 
regular town meeting, and may at any time call a special 
meeting, provided they give notice of the objects for which 
the meeting is called. They represent the town in all State 
and county matters, and in the courts, whenever the town is 
party to a law-suit. They grant licenses, impanel jurors, 
Tegister voters, lay out town roads, and attend to many other 
things. In short, they administer the government of the 
town during the time between the town meetings. 

2. Town Clerk. This officer holds a position of great 
importance. He is required to keep a record of all votes 
passed at town meeting, together with the names of all j^crsons 
elected to office. He administers the necessary oath of office 
to those elected. He records the proceedings of the selectmen 
or chief officers, and makes necessary returns to county or State 
officers. He keeps a record of the births, marriages and deaths 
in the town, and of the transfer of property. His duties, how- 
ever, cannot be precisely stated, as they differ in different 
localities. He usually calls the town meeting to order, and 
presides until a moderator is chosen. He sometimes also acts 
as treasurer of the town. 

3. Town Treasurer. Generally, however, a treasurer is 
elected for this office alone. His duty is to receive all sums of 



62 CIVIL GOVERNMENT OF THE UNITED STATES. 

money belonging to the town, and pay out the same as directed 
by law. He must make an annual report to the town of all 
moneys received and all paid out. He is required to give 
bonds for the faithful performance of his duties; that is, he 
makes a written agreement with the town that if he fails in 
performing his duties as required he will pay a certain sum of 
money as a penalty. But his own agreement is not enough; 
one or more other responsible persons must sign his bonds, by 
whicli they agree to pay the penalty in case the treasurer him- 
self fails to do so. 

4. Constables. — These officers are the police of the town,, 
and execute the orders issued by the justices of the peace. 
They arrest persons charged with crime and have the custody 
of them. They see that order is preserved in the community; 
and if at any time they are unable to carry out their orders by 
reason of violence on the part of accused persons, they may 
call upon the people to aid them. If this is not sufficient, 
they may call upon the governor of the State, who in turn, if 
unable to quell the violence with the State forces, may demand 
of the President the assistance of the armed forces of the 
United States. 

5. Supervisors or Overseers of Highways. — Usually 
each township is divided into road districts, for convenience 
in keeping highways and bridges in repair. Sometimes there 
is a coimnissioner or 'board of commissioners having general 
oversight of all the highways of the town. A single overseer 
or supervisor is appointed or elected over each district, to keep 
the roads and bridges in order throughout his special section. 
In certain States the county has direct superintendence of the 
roads. In some cases taxes are levied for this purj^ose, and 
common laborers hired to do the work on the highways; and 
in other cases each taxpayer may work out the tax himself, or 
pay it, as he chooses. 

6. Overseers of the Poor. — The duty of these officers is to 
provide for the support of the paupers of the town who have 
no near relatives able to support them. In some States there 
is in each county a poor-house to which the town paupers are 
sent, and where each town pays for the support of its own 



THE TOWN. (33 

paupers. In other States each town provides a phice for its 
paupers, or pays private individuals for their support. 

7. Assessors and Collectors of Taxes.— The duty of 
assessors of taxes is to estimate the vahie of all taxable prop- 
erty within their respective sections. The collectors of taxes, 
after the estimate is made and approved by the proper authori- 
ties, collect the taxes which are assessed upon this property. 

8. Otlier Officials.— In some States each town elects a 
board of school directors or scJiool committee, which has general 
charge of the public schools of the town. 

Various other inferior town officers exist in the several 
States. There are field-drivers, to take up stray live stock for 
safe keeping; pound-keepers, to care for the stray animals thus 
taken, until the owners call for them. There iXTQ fence-viewers, 
who settle disputes concerning division fences; and sealers of 
weights and measures, who examine and test weights and 
measures as to their accuracy. 

Inspectors of election are town officers; so also are excise com- 
missioyiers, whose duty it is to act upon petitions asking for 
the privilege of selling spirituous liquors. There is also some- 
times a game constable, who looks after the laws for the protec- 
tion of game. 

Justices of the Peace are elected by the town, but their duties 
will be given under the State Judiciaky. 



64: CIVIL GOVERNMENT OF THE UNITED STATES. 



THK COUNTY. 

I. Origin of County. Formerly certain districts in 
England, which were governed by earls or counts, were called 
counties, a name which was introduced into England by the 
Normans. A county was also called a sliire, because it was a 
sliare or part of the whole country. Our principal State sub- 
divisions are called counties. The chief place in the county is 
called the county-seat or capital, and contains the court-house, 
jail, and other county buildings. 

II. County ,0FFICERS. The officers of the county are 
either elected by the people or appointed by the proper author- 
ities. Their terms of office vary from one to four years. 

1. County Conimissioiiers. — As we have already seen, 
the county is a corporation and must be represented by natural 
persons, the same as the township. The persons who thus 
represent the county and administer its government form a 
board of County Commissioners, usually three in number. As 
a rule these officials are chosen for this purpose alone, though 
in a few States the Supervisors of the several towns constitute 
the board which exercises such powers for the county. These 
commissioners, or the supervisors, must see that the laws per- 
taining to the county are faithfully executed. They have 
charge of all property belonging to the county, including the 
erection and repairs of county buildings, the court house, jail 
and others. In States where the county is of more importance 
than the town, this board has supervision of schools, taxes, 
Toads, ferries, bridges, etc. 

2. Tlie County Clerk : Recorder. — There is in each 
county a recording officer, who records, in books provided for 
the purpose, all deeds, mortgages, wills that have been pro- 
bated or proved according to law, and such other written 
instruments as are by law required to be recorded. This 



THE COUXTT. Q^ 

officer is nsually called a Register or Recorder. Sometimes the 
work is divided among several officers, a Recorder of Deeds, a 
Begister of Wills, and others. In .other States all the duties 
of recorder are attended to by an officer called the Counh/ 
Clerk, who is at the same time clerk of all the courts of record 
in the county. 

In this work of recording, the matter of time is a most im- 
portant factor. Every joaper is marked with the exact day of 
its presentation, and many are marked with the exact hour of 
the day. This is necessary in order to fix the precise date 
of the claim. If a man should take a mortgage on certain 
property and neglect to record it at once, the owner of the 
property might, in the meantime, give a second party a mort- 
gage on the same property, which, if presented for record but 
one minute before the first, would take precedence. 

3. Tlie Sheriff.— The principal officer of the English 
county or shire was called a shire-reeve or sheriff. Thus the 
chief executive officer of our county is called Sheriff, and his 
office is an important one. He is the constable of the county, 
and is assisted in his work by deputies. He attends the courts, 
where he keeps order, and executes all their decrees. He 
arrests persons charged with crime; is responsible for the safe 
keeping of all prisoners; and has the care of the county jail. 
The jailer is usually named by him, and is often one of his 
deputies. The sheriff must preserve the public peace, and 
may at any time summon the inhabitants to assist him in so 
doing; and, if necessary, he may through the Governor and 
President, call to his aid the armed forces of the State and 
Nation.' If any persons break the public ^^eace, he may force 
them to give bonds for orderly behavior and appearance at the 
next county court. If they refuse to do so, he may commit 
them to jail. 

4. Corouers. — Each county has one or more coroners, whose 
chief duty is to investigate cases of sudden, mysterious or vio- 
lent death, or death in prison. When such a death occurs, a 
coroner is informed of the fact as soon as possible. He sum- 
mons a jury from among the bystanders, subpoenas witnesses, 
and carefully examines into all facts concerning the death. 

5 



66 CIYIL GOVERNMENT OF THE UNITED STATES. 

The jury renders its written opinions or verdict as to the cause 
and manner of death. This entire proceeding is called a 
coroner^ s inquest. The coroner need know nothing of medi- 
cine, though physicians are usually selected for that office. 
Massachusetts has abolished the office of coroner, and entrusted 
all such investigations to physicians in general. 

5. The District Attorney. — This official is a lawyer who 
acts as attorney for the county. He attends all the criminal 
courts of the county, and conducts the prosecution of j^ersons 
charged with crime. Although his jurisdiction extends only 
over the county, he is in one sense a State official, since all 
crimes are considered as committed against the State. In 
prosecuting a criminal, therefore, he is acting as agent of the 
State, and is often called ijrosecuting attorney or Staters attor- 
ney. He conducts suits for the county whenever it is a party 
to civil actions, and also gives legal advice to county officers 
when asked to do so. 

6. Treasurer and Auditor. — Each county has a Treasur- 
er, who receives and pays out its moneys according to law. 
In some States there is an Auditor, who examines and adjusts 
all the accounts of the county. Where there is no auditor, the 
treasurer performs the duties of that office in addition to his 
own. Both these officers are required to give bonds, as are all 
officers entrusted with the handling or care of public moneys 
and other public property. 

7. Superintendents of tlie Poor. — These officers have 
general charge of the county poor-house. They appoint j^er- 
sons to take care of this institution, and they render account 
to the board of county commissioners or the board of supervis- 
ors of all matters pertaining to the care of the poor. 

8. Judicial Officers. — There are also county judges, and 
justices of sessions, whose duties are confined to court matters. 
These duties will be given under the Judicial Department 
OF THE State. 

9. Other Officers. — In States where the township does not 
exist, and in States where it is of small importance, there are 
county assessors and collectors of taxes. There are sometimes 
county surveyors and super interidents or commissioners of schools. 



THE COUNTY. Q^j 

CITY AND VILLAGE. 

I. REASONS FOR INCORPORATION. Whenever a particu- 
lar portion of a town becomes thickly populated, it requires a 
different goyernment from the rest oe the town. The houses 
are so close together that the danger of fire becomes greater 
and a fire department is needed; while sidewalks and lights are 
necessary for the convenience of the many people passing along 
the streets. In cities, where the population is still larger and 
denser than in the villages, additional regulations are neces- 
sary, as police, paved streets, water supply, drainage, etc. 
Since the town government has no jurisdiction in regard to 
such matters, these thickly-peopled sections are organized 
under authority from the State into separate corporations, 
with the power to regulate their local affairs. 

II. How INCORPORATED. The first move in the matter of 
incorporation is made by the people themselves. Whenever a 
majority of the inhabitants of a given locality become con- 
vinced that a different government is needed, they petition the 
Legislature of their State for incorporation as a village or city, 
according as the population is greater or less. The Legislature 
then grants them a charter. This is a written instrument 
giving certain powers and privileges to the corporation; it also 
describes the boundaries of the village or city, and names the 
officers it shall have, together with their powers and duties. 

In some States the Legislature is required by the State con- 
stitution to pass a general law jDroviding a way in which any 
place may become an incorporated village by the action of its 
people, without a special law or charter. 

Incorporated cities are common to the whole United States; 
incorporated villages are found only in certain States. In 
Connecticut and Pennsylvania an incorporated village is called 
a horough. The name village is often aj^plied to a small unin- 
corporated community where the houses are near together. 

III. CITY Officers. 

1. Mayor. — The mayor is the chief executive officer of the 
city, and occupies an important position. His duties are many 
and varied. Among others, he sees that the laws of the city 



68 CIVIL GOVERNMENT OE THE UNITED STATES. 

are properly enforced, and has oversight of all subordinate 
ofiBcers. He usually has the power to veto ordinances passed 
by the city legislature. 

2. Aldermen. — A city is divided into sections of a size 
convenient for administering the city government. These 
divisions are called wards. Ordinarily in each ward two alder- 
men are chosen, though in some cases there are more, and in 
others but one. Occasionally two or more wards together have 
but one alderman. These officers have charge of the affairs of 
their particular sections, and rank next to the mayor in 
authority. 

3. City Council. — The mayor and aldermen together con- 
stitute the city council. In some instances this council is 
divided into two branches, a conwion council, whose members 
are chosen each year, and a select council, whose members are 
chosen for a longer term. This council has legislative power, 
and may pass such laws for the city as seem advisable. These 
laws are called ordinances. The city, however, is not governed 
alone by the laws of its council; it is subject to State legisla- 
tion the same as all other portions of the State. Its laws are 
simply of a local nature, and must not conflict with the laws 
of the State or Nation. 

4. Other Officers. — In addition to the officers already men- 
tioned, there are numerous others of less importance: a loard 
of education, a city clerk, assessors and collectors of taxes, con- 
stables, auditor and treasurer, overseers of looor, superintendent 
of streets, engineers of fire departments, inspectors of election, 
police officers, etc. The duties of these officers are similar to 
those of corresponding officers of town and county. 

IT. Tillage Officers. In some States the chief execu- 
tive officer of a village is called jjresideiit, and in others mayor. 
A board of trustees or directors exercises powers similar to those 
of the board of aldermen in a city. The president is usually 
chosen by the trustees from among their number. 

In some States the name of totv?i is aj^plied to incorporated 
villages, and sometimes the board of trustees is called the 
council. 



i 



THE LEGISLATIVE DEPARTMENT. 69 



I. How Composed. Experience has shown that two 
bodies of men dispose of a question more wisely than one. It 
is certain that more time is taken m discussing it, and more 
care used in passing judgment upon it. Consequently there 
is less danger of mistake and fraud. For this reason all the 
State Legislatures are composed of two houses— a Senate and 
a House of Eepresentatives. These are often called the iqjper 
and the loiuer house. In some States the lower house is called 
the assembly, and aa a rule both houses together are styled the 
general assembly, 

II. Its Character. Both houses of the Legislature are 
representative bodies, the members being elected directly by 
the people. The House of Representatives is a much larger 
body than the Senate. It numbers generally from one hun- 
dred to two hundred members in the different States. The 
Senate is supposed to be a more select body. Its members rep- 
resent larger districts, and are chosen by reason of their superior 
ability and experience in affairs of government. Their num- 
ber is usually from twenty-five to fifty. 

III. Qualifications of Members. Formerly a great 

variety of restrictions existed in the several States concerning 
eligibility to the ofiice of senator or representative. Many 
States required the possession of a certain amount of property; 
some prohibited clergymen and teachers from becoming mem- 
bers; and still others required suj)erior ability and learning. 
Even now there is a provision in the constitution of Kentucky 
to the effect that ^^no clergyman, priest or teacher shall be 
eligible to the general assembly." A few other States also 
23rohibit clergyman from becoming members. But of late 
years the tendency has been to remove as many restrictions as 
possible, and the few remaining relate almost wholly to age 
and residence. Of course it is always necessary for a person 



70 CIVIL GOVER15MENT OF THE UNITED STATES. 

to be a qualified Toter in order to be eligible to a seat in the 
Legislature. Certain States require a member to have greater 
age and longer residence than are required of a voter; and in 
some States the age and term of residence of a senator must be 
greater than that of a representative. 

IT. Terms of Office. With few exceptions, the term 
of office of the senator differs from that of the representative, 
being usually double the length. The rule is four and 
two years respectively. These terms are never louger, but 
sometimes shorter. For instance, in some States the senator's 
term is one year, in others two years, and in still others three 
years; while sometimes, especially in the eastern States, repre- 
sentatives are elected annually. 

In the lower house the terms of the members all end at the 
same time. The upper house, when the term of its members 
exceeds one year, is usually divided into classes; two classes if 
the term of office is two years, three classes if three years, and 
four classes if four years. The members of one class go out of 
office one year, of another class the next year, and so on. To 
illustrate this, supj)Ose a State is divided into forty-five dis- 
tricts, each district electing one senator whose term of office is 
three years. In 1898 fifteen districts would elect senators, in 
1899 fifteen of the remaining districts, and in 1900 the last 
fifteen districts. In 1901 the first fifteen districts would again 
elect members, the others having served since 1898, or a term 
of three years. 

T. Salary of Members. Each senator and representa- 
tive is paid a salary fixed by the law of the State. 

TI. Apportionment. Some states are divided into dis- 
tricts, in each of which a senator is elected; and into smaller 
districts, each of which is entitled to one representative. 
Other States do not make a sejoarate division for this pur- 
pose, but simply elect members of both houses by counties. 
This work of dividing a State and assigning members to the 
di:2erent portions is called apportionment. 

Both of these methods of apportionment aim at the one 
object — equal representation; that is, giving a member to tlie 



THE LEGISLATIVE DEPARTMENT. 71 

same number of inhabitants throughout the State. Where 
the members are apportioned among the counties, each county 
has such a part of the whole number of members of each house 
as its population is a part of the whole population of the State. 
If a State Legislature consisted of forty senators and one hun- 
dred and sixty representatives, and a certain county ot that 
State contained one fortieth part of the whole population of 
the State, that county would elect one senator and four repre- 
sentatives. Where the State is divided into special districts, 
all the senatorial districts contain, as nearly as may be, the 
same number of inhabitants; and all the representative dis- 
tricts are substantially equal in population. Sometimes two 
or more counties are united in forming senatorial districts, 
and sometimes counties are divided in forming representative 
districts. In 'New Hampshire and Vermont representatives are 
apportioned among the towns. 

Til. The Census, if the population of a state always 
remained the same or increased at the same rate throughout 
the State, where a division into districts has once been effected, 
it would be a permanent one. But this is not the case. In 
some States the population increases rapidly in certain sections, 
while remaining the same, or even diminishing, in other local- 
ities. This is especially true in the TTestern States, where 
large cities grow up in a few years. After a time, then, the 
representation becomes very unequal. In order to remedy 
this, each constitution provides that a State census be taken 
at stated intervals — in other words, that the inhabitants be 
numbered — and that after each census a new opportionment 
of members of both houses be made among the counties, or 
the State divided anew into districts. 

In some States the census is taken every ten years, and in 
others oftener, while some depend entirely upon the United 
States census, which is taken every ten years. 

Till. Meeting of the Legislature. The regular 

meetings of the Legislature take place either annually or bien- 
nially. Public opinion of late years seems to favor the latter 
method. States that have tried biennial sessions claim that 
the Legislature attends to all the real needs of the people as 



72 CIVIL GOVERNMENT OF THE UNITED STATES. 

well by meeting once in two years as annually. And, more- 
over, if any extraordmary circumstance demands attention in 
the meantime, the governor has power to call an extra session. 
In States which have annual sessions, it is said that the Legis- 
latures, if they cannot find enough to do, know how to make 
something to do; and laws that are unnecessary must be harm- 
ful. Too much legislation may be worse than none. 

Some constitutions limit the length of the sessions to forty,, 
forty-five, sixty, ninety days, etc. In all such cases the estab- 
lished time may be exceeded, but only by the vote of a large 
majority. The constitution of Nebraska tried a remedy for 
too long sessions. It did not limit the time, but provided that 
members should not be paid for more that forty days. Some 
States pay an annual salary, and this method always has a 
tendency to shorten sessions. 

IX. Place of Meeting. The Legislature of each State 
meets at one particular place, fixed by the law of that State. 
This is called the Capital, since tne city containing the seat of 
government must always be the chief city of the State, even 
though not the largest. Here is located the State-house, or as 
it is called in some States, the Caintol. The Legislature holds 
its sessions in this building. The chief State officers have 
their offices in the Capital City. 

X. Attendance^ OF "Members. All of the States espe- 
cially provide against injury or interruj^tion to the business of 
the Legislature. No member can be kept from attendance 
upon the sessions, or hindered in going to or coming from 
these sessions, by any prosecution at law, unless for crimes 
and misdemeanors. Each house may compel the attendance 
of absent members. The power to punish and expel members, 
and to punish officers and other persons who are disorderly in 
conduct, is also given each house. 

XI. Quorum. Each constitution expressly states what 
part of the members must be present in order to proceed with 
business. This number is called a quorum. In most States a 
majority of all elected is sufficient for a quorum. A few States 
require a greater number, as two-thirds or three-fifths. 



THE LEGISLATIVE DEPARTMENT. 73 

XII. YaCANCY. Sometimes a seat in the Legislature be- 
comes yacant, either by the death, resignation or removal of a 
member. In such case the vacancy is filled by the election of 
another person, either at a special election called for that pur- 
pose, or at the next general election, or in whatever way the 
laAV of the State requires. But the member thus chosen to fill 
the vacancy, holds his office only till the expiration of the term 
of him in whose place he is acting. 

XIII. Power of the Legislature. The National 

Constitution, Congress, and the State Constitution are all 
superior in authority to the State Legislature; therefore no 
laws can be passed by the State Legislature that in any way 
conflict with these three powers. But as the National Consti- 
tution and Congress have jurisdiction only in those matters 
which affect the Nation at large, and as the State Constitu- 
tions, in general, only prohibit the Legislatures from making 
oppressive laws, or laws that would in any way endanger the 
rights of the people, it will be seen that in all local matters 
the State Legislature has extensive powers. 

XIY. Public Proceedings, a man who enqoioys a 

carpenter to build a house for him has the unquestionable right 
to inspect the work as it progresses. A person who employs 
an agent to buy or sell goods for him has the same right to 
look into the transactions of his agent. The people, who 
choose representatives to make the laws that govern them, cer- 
tainly possess the right to know what their employees are 
doing. Therefore the constitutions provide that all business 
of the Legislature shall be open to the public. Only on rare 
occasions, Avhen the good of the public demands secrecy, can 
the doors be closed against spectators. Each house is also 
required to keep and publish a journal of its proceedings. 



74 ^ CIVIL GOVERNMENT OF THE UNITED STATES. 



LEGISLJ5LTIVK DKF»J^RT]V4KNT, Continued. 

I. Organization. Each house assembles in its own par- 
ticular chamber, and the oath of office is administered to the 
members. Officers are then appointed and the right of mem- 
bers to their seats is determined, each house having the sole 
power to decide who has been elected to it. 

II. Officers. 

1, Presiding- Officer. — This is the first officer chosen, and 
he is selected from among the members. He is usually called 
the speaker. In States which have a lieutenant governor, that 
officer presides in the senate, and ]S G^We^ president of the senate. 

In case the presiding officer is absent, a temporary speaker 
or president is chosen, who is called speaker or coresident pro 
tempore. This is a Latin phrase, meaning for the time, and is 
commonly abbreviated j[?ro tern. 

The duty of the j^residing officer is to see that the business 
of the house is conducted according to established rules, and 
that order is preserved. Like the chairman of an ordinary 
j)ublic meeting, he j)uts questions to vote, and then declares 
tliem carried or lost. 

2. Other Officers. — The other officers of each house are 
not chosen from among its members. There is a derh, who 
keeps a journal of proceedings and has charge of all other 
papers; a sergeant at arms, whose duty is to arrest members 
and other persons guilty of disorderly conduct, to compel the 
attendance of absent members, and to attend to all business of 
a like nature. There are also one or more door-heepers. 

III. How Laws are Made. The state constitutions do 
not prescribe rules of procedure for the work of passing laws; 
but each Legislature establishes certain customs, from Avhich 
it seldom departs. Sometimes, however, in cases of exigency, 
a law is passed without following any of the customary regu- 
lations. 



THE LEGISLATIVE DEPARTMENT. 75 

1. Introduction of Measures.— When the two houses are 
organized and ready for business, a message from the governor 
is read to eacli by its clerk. This message contains a report 
of the condition of the State, and recommends the enactment 
of such laws as the governor deems advisable. But the measures 
recommended in this message are but a small part of the num- 
ber which come within the action of the LegislatxiTe. Many 
are introduced by individual members, and others are in the 
form of petitions from the people of different parts of the State. 

Measures may be introduced in both houses in exactly the 
same way. A few States have granted to the lower house the 
privilege of originating all money bills. But as both houses 
directly represeut the people, there seems to be no ground for 
distinguishing between their powers, and all such differences 
are fast disappearing. 

A large number of State constitutions provide that every 
law shall contain but one subject. This prevents a certain 
amount of dishonest legislation. In States where this pro- 
vision does not exist, many objectionable measures are carried 
by being attached as side issues to some important central 
measure, while, had they been introduced separately, they 
could not have been passed. 

2. Work of Committees. — There are so many different 
matters to be acted upon at every session of a Legislature, 
that it is impossible for the whole house to discuss each one 
separately with the care it demands. Committees are there- 
fore appointed at the beginning of each session, consisting of 
from three to seven members, each committee having charge 
of some particular subject. There is a committee on railroads, 
on education, on banking, on insurance, on finance or the 
money matters of the State, and so many other subjects that 
every member of each house is on one and often several of 
them. These committees are called standing committees, because 
they continue throughout the entire session. 

Upon the introduction of a measure to either house, it is at 
once referred to the proper committee. In case it should not 
come within the province of any standing committee, a S2)ecial 
or select committee is appointed for this one occasion. 



76 CIVIL GOVERNMENT OF THE UNITED STATES. 

These committees meet in private rooms, at hours when the' 
houses are not in session, and consider the subjects submitted 
to them. Any person wishing to be heard in regard to a. 
measure, may come before the committee haying it in charge, 
and there make his statements. Finally the committee reports 
to the house the result of its inyestigations and deliberations. 
If the report is unfayorable the measure seldom receives further 
notice. If a committee decides favorably upon a measure, its 
members draft the same in the form of a law, provided the 
measure had not been introduced in that form, and present it 
to the house, with a recommendation for its passage. This, 
draft or form of a law is called a Mil. 

3. Three Keading's. — Some State Constitutions wisely pro- 
vide that a bill must be read three times loudly and distinctly 
and word for word before it can come to the final vote. In 
other States the first and second readings consist of merely 
reading the title or enacting clause, while the third time the 
clerk really reads the bill, unless it is a long one. As a 
matter of fact, however, many bills are passed when those 
voting have little or no idea of their contents. After the first 
and second readings, the bill is usually debated, and if the 
house so decides by vote, amendments are made. 

4. Passage of Bills. — In most States the vote of a majority 
of the members present will pass a bill, but in others a majority 
of all those elected is necessary. This latter method makes 
the passage of good laws difficult, as well as the passage of 
bad laws; but it is thought that the benefit arising from the 
latter fact overbalances the disadvantage of the former. When 
a mere majority of those present is all that is required, un- 
principled members take advantage of the times when a bare 
quorum is present to pass laws that would not be approved by 
a majority of the whole. 

When the time for taking the final vote arrives, the speaker 
puts the question to the house. The presiding officer himself 
votes, except in the senate of States which have a lieutenant 
governor presiding. In that case he has no vote except in 
instances of a tie, when he votes to decide the question. His 
vote IS then called the casting vote. In other cases of a tie, the 
bill is lost. 



THE LEGISLATIVE DEPARTMENT. 77 

Many of the constitutions require that in all cases of voting 
a roll-call must be had. Each member voting viva voce, by 
word of mouth, as his name is called. This brings each indi- 
yidual member under the control of public opinion. 

"When a bill has passed one house, it is sent to the other, 
where it is acted upon in exactly the same way as in the first 
house. After it has been voted upon, it is returned to the 
house in which it originated. Sometimes, in the second house, 
the bill is amended; in which case the first house must agree 
to the amendment, or the second must withdraw it, or it must 
be modified until both houses approve it. 

5. Governor's Veto. — As it is possible for both houses to 
assent to an unwise measure, a great many States have raised 
an additional safeguard against the passage of bad laws. Thev 
require the assent of the governor to bills that have passed 
both houses before they can become laws. The governor indi- 
cates his approval by signing his name to the bill after it has 
j)assed both houses, upon which it becomes a law. If he dis- 
approves a bill, he returns it unsigned to the house in which 
it originated, stating his objections to it. This refusal to sign 
it is called a veto, which is a Latin word signifying Iforhid. 

A governor's veto, however, does not necessarily prevent the 
passage of a law. After his veto the bill may again be put to 
vote in the Legislature; and if it receives the required majority 
in both houses, it becomes a law without the governor's ap- 
23roval. The majority thus required is always greater than 
when the bill first passes the Legislature. Usually a two-thirds 
vote is required, and this may be either two-thirds of those 
present or two-thirds of the whole number elected. 

6. Wlien Laws Take Effect. — A law goes into ojoeration 
the moment the last act is done, unless a different provision is 
made. It requires some time for all the people whom a law 
■concerns to hear of it, and some of these people might violate 
it in the meantime; therefore a constitution or the law itself 
usually provides that such law shall not take effect until a 
•certain time after its passage. 

IT. Advantages OF State Legislation. Theadvant- 

.age of State legislation is two-fold. The people of each State 



78 CIVIL GOVERNMENT OF THE UNITED STATES. 

are benefited by having their local laws made at home, by men 
who understand what is needed for that particular section; 
while the people of the whole United States profit by having- 
so many small matters taken out of the hands of Congress, and 
leaving to that body time for the greater affairs of the Nation. 



EXECUTIVE DEPARTMENT. 79 



KXKCUTIVE DEPARTJVIEN'T. 

I. The GOYERNOR. The governor is at the head of the 
exectiitive department, and has the highest duties of the State 
to perform. 

1. Qualifications. — A person, to be eligible to the office of 
governor, must be above a certain age; must hold the right of 
franchise; and must have been for a certain length of time a 
citizen of the United States, and, for a term of years next pre- 
ceding his election, a resident of the State. A very few States 
require the ownership of a certain amount of property. The 
number of years' residence required in the State and the 
United States differs greatly in the different States. The age 
of the person also varies, but usually it must be thirty years or 
more. 

2. Election and Term of Office. — The people vote 
directly for governor. His term of office varies from one to 
four years in the several States. In case the elections result 
in no choice, as may well happen in States which require a 
majority to elect, the Legislature elects one of the two candi- 
dates receiving the highest number of votes. The right of re- 
election is unlimited in most of the States. 

3. Powers. — Nearly all the powers and duties of the gov- 
ernor are executive. His first and chief duty is to see that the 
laws of the State are properly executed. He represents the 
State in its dealings with other States. He sends messages to 
the Legislature, and may call special sessions when some ex- 
traordinary circumstance demands immediate attention. He is 
commander-in-chief of the militia when it is not employed in 
the service of the Nation, and can call it out in times of insur- 
rection. He has the authority to demand at any time, from 
the different executive officers, information in regard to all 
matters in their respective departments. 



80 CIVIL GOVERNMENT OF THE UNITED STATES. 

The governor has no direct legislative power, except in most 
States the right of veto. He may influence legislation by the 
measures suggested in his messages, but he cannot make a 
formal proposal of a law. 

His judicial powers are few. He may grant imrdons and 
reprieves, but as a rule this power is greatly limited. In cases 
of impeachment, and in some States of treason, he has no 
];)ower to interfere with the decision of the courts. Ordinarily 
he can exercise this right only with the approval of other high 
officials; and more often he is required to give the Legislature 
his exact reasons for using the power. He may also commute 
a sentence; that is, he may substitute for one punishment 
another less severe, as when he changes a death sentence to 
imprisonment for life or a term of years. 

He also possesses the power of appointment, but it varies 
greatly in the several States. In a few he appoints all the 
higher executive and judicial officers, as the secretary of state, 
the attorney-general and the court judges. Usually, however, 
all the higher officers are elected by the people, while the gov- 
ernor appoints only some minor officials, such as notaries. He 
often fills by appointment, until an election can be held, vacan- 
cies that occur in executive and judicial offices through death, 
removal or resignation. He has numerous other duties. 

4. Vacancy in Office. — If the office of governor becomes 
vacant at any time during the term, the lieutenant-governor, 
when there is one, -fills the vacancy for the remainder of that 
term. After him the president of the senate, and then the 
speaker of the lower house, act as governor. When there is 
no lieutenant-governor, the president of the senate generally 
comes first, though sometimes the secretary of state takes 
precedence in the succession. 

II. The Council. In a very few states there is a body 
of advisers to the governor, called a council. This council is 
elected by the people, and many times its consent is necessary 
to certain official acts of the governor. ^ 

III. The LlEUTENANT-GrOVERNOR. The duties of the 
lieutenant-governor are always few. The most important one 



EXECUTIVE DEPARTMENT. 81 

is presiding in the senate. This office seems to exist chiefly 
for the purpose of providing a suitable person to succeed the 
governor in case of the latter's death, resignation or removal. 
In many of the States there is no such officer. 

IT. The Secretary of State, a prominent foreign 

i^^riter, in speaking of this official, says that, in spite of his 
liigh-sounding title, he is simply chief clerk and keeper of the 
State seal. He has charge of all the State records and other 
papers. He must keep a written record of the proceedings of 
the Legislature and of the executive departments. He is 
sometimes appointed by the governor, sometimes by the Legis- 
lature, and otherwise elected by the people, as is the case with 
all the following officers. 

Ye The Comptroller or Auditor. The money mat- 
ters of the State are all managed by this official. Claims 
against the State are examined and settled by him; he over- 
sees the collection of State moneys; and at his order the State 
treasurer pays out necessary funds. He is required to give 
bonds. 

YI. The Treasurer. The treasurer has charge of the 
State moneys, and keej)s account of all sums received and paid 
out. He also must give bonds. 

YII. The Attorney-General, a lawyer who is chosen 

to have charge of the legal matters of the State is called attor- 
ney-general. He acts as adviser and instructor to the Legisla- 
ture and executive officers, concerning matters of law upon 
which they consult him. He conducts law suits in which the 
State is a party, as prosecuting persons indebted to the State, 
and causing jDersons charged with certain crimes to be brought 
to trial. 

YIII. Other Officers. In some States there is a siir- 
vey or -general, who superintends the surveys of State lands and 
keeps in his office maps of the State and its divisions; a super- 
intendent of imU'w instruction or superintendent of schools, who 
has oversight of the public schools of the State; a State printer , 
6 



82 CIVIL GOVBKNMENT OF THE UNITED STATES. 

Who prints the laws and State papers; and a State Uimrian, 
who has charge of the State library. There are still other 
ofiBcers in most of the States. 

IX. SALARIES. The executive officers all receive salaries 
fixed by the laws of the State. 



JUDICIAL DEPARTMENT. 83 



JUDICIAL DEF»A.RT]V[KNT. 

I. Ancient Courts of Justice. Governments may 

neglect the welfare of their subjects, and in themselves be 
despotic to the highest degree; but there is one thing which 
every government must do in order, to exist— it must adminis- 
ter justice between man and man, by punishing the wrong- 
doer, and iDrotecting the life and property of each subject from 
the violence of others. Where this is not done, and each indi- 
vidual is left to follow his own will, to protect his oAvn rights, 
and avenge his own wrongs, there is no government; there is 
anarchy. 

Many centuries ago the Germans, in their township meet- 
ings, administered justice by settling the disputes of neighbors 
and punishing wrong-doers. After a time they formed a 
larger and more general government, by uniting several town- 
ships. This government was called the Imndred, probably 
because the united villages together furnished a hundred war- 
riors to the host that went forth to the wars of the country. 
In every hundred a court of justice was established, to which 
each of the townships comprising it sent representatives. In 
this court more important cases of dispute were settled than at 
the township meetings. 

As we have seen, the Saxons carried their methods of gov- 
ernment with them into England. To the hundred court 
there came a reeve and four best men from each township, 
together with twelve knights from the hundred. 

In course of time the whole kingdom v^^as divided into shires 
or counties, each comprising several hundreds; and a county 
court was established in each county after the model of the 
hundred court. To these higher courts the more important 
cases were taken, which could not be decided in the courts of 
the hundred. 

In all these ancient courts the whole body of citizens who 
attended had part in the decisions. But in very early times. 



84 CIVIL GOVERNMENT OF THE UNITED STATES. 

special duties began to be assigned to special officers; and many 
of the offices thus created have come down to us through 
repeated modifications. Sheriffs, justices of the peace, con- 
stables and coroners fill these offices to-day, as then. 

But, as the power of the kings increased in the realm, gradu- 
ally these courts of the people died out or were greatly changed, 
until justice came to be administered almost wholly by the 
high courts of the king and his council and judges appointed 
by him. 

The system of administering justice which had through 
centuries been developed in England was brought to this 
country by the Englisli colonists; but they left behind them 
the customs of tyranny, and introduced only those which were 
best fitted to preserve the rights and liberties of the people. 

II. JURIES. 

1. Their Orig-in and Development. — Trial by jury is of 
such great antiquity that its origin is not clearly known. Some 
say that it originated in G-reece, where was held the first trial 
by jury of twelve men. Others think that it was in use among 
the ancient inhabitants of England, the Britons. But it is 
more generally believed that it had its origin in the practices 
of the Saxons, and that the English system results from a 
union of Saxon and Norman customs. 

In those early town meetings of the Saxons, a rule existed of 
allowing an accused person to ^^I'oduce twelve witnesses, who 
with joined hands made oath to the truth of his statements. 
These witnesses were called compurgators or oath-mahers. Also 
one of the Saxon kings of England had twelve men selected 
from each hundred, whose duty it was to present for trial in 
court all persons suspected of crime in that hundred. 

After the Norman kings came to rule over England, they 
adopted a custom of appointing twelve men to give under oath 
information to the king concerning the people and property 
of their neighborhood. In course of time any dispute over the 
ownership of an estate was left to the decision of twelve men 
selected from the vicinity of the estate under dispute. If the 
first twelve could not agree, others were added, until twelve 
men could be found who would make oath to the same thing. 



JUDICIAL DEPARTMENT. 85 

Finally it came to be the custom to regularly summon twelve 
men from the hundred, and four from each township, who 
should present accused persons to the courts for trial. This 
body came to be known as the grand jury, to distinguish it 
from another and smaller jury of twelve men, called the 2^etit 
jury. This latter jury was selected from the vicinity of the 
accused person, and, from their personal knowledge of the 
facts, either affirmed or denied the charges against him, thus 
deciding the case. 

But in all these early juries the jurymen were themselves 
witnesses. They were chosen because of their personal knowl- 
edge of the cases, and their decisions were based upon that 
knowledge. Gradually, however, the system was modified. 
Special witnesses were summoned, who at first joined with the 
jury in giving the verdict, and afterward only gave information 
to them. Testimony was presented in open court, and wit- 
nesses were examined and cross-examined; judges instructed 
the jury; and attorneys argued the cases before them. And 
after many years still, jurymen were prohibited from being 
witnesses, and cases were decided entirely upon evidence pre- 
sented in court. 

2. Tlieir Importance. — When a government or its officers 
have the power of accusing anyone of whatever crime they 
will, and at their pleasure bringing him to secret trial before 
prejudiced persons, who pronounce sentence according to the 
wish of the accuser, personal liberty becomes impossible. 
Therefore is the right of trial by jury, of trial by an unpreju- 
diced body of one's equals, one of the most important rights a 
free people can have. In England, when the crown had 
usurped most of the ancient rights of the people, the Arch- 
bishop of Canterbury, together with some of the powerful 
barons of the realm, forced King John, at Eunnymede, to sign 
that famous charter of rights, called Magna Charta, by which 
the old rights and customs of the people were restored to them. 
Prominent among these was the right of trial by jury. Only 
in England and in governments founded by Englishmen has 
this system been fully developed and preserved. With the 
English it came into America, where it has always been most 



86 CIVIL GOVERNMENT OF THE UNITED STATES. 

jealously guarded by the people of the United States. The 
National Constitution in various provisions, and also the State 
constitutions, secure this right to the people. 

3. Juries of tlais Country. — We have in this country the 
two juries, grand and petit. The one decides whether the evi- 
dence against an accused person is sufficient to warrant his 
trial; and the other, upon trial, decides whether the person is 
guilty or innocent of the crime charged against him; or, in cases 
not criminal, whether the one or the other side is in the right. 

4. The Grand Jury. — It may often happen that persons 
are spitefully and maliciously accused of crimes which they 
have never committed. It would be cruelty to subject inno- 
cent persons to the hardships of a trial, and it would also waste 
the time of the courts and incur uncalled-for expenses. The 
grand jary is a safeguard against this evil. 

This jury is in number not less than twelve nor more than 
twenty-three, and is summoned in every county several times 
during the year, to inquire into the crimes committed in that 
county. Usually State constitutions provide that no person 
can be tried for a criminal offense, except a petty one, unless 
upon indictment or presentment by a grand jury. Some one, 
generally the prosecuting attorney, brings before the grand 
jury a Mil of indictment, which is a written accusation against 
some person, charging him with a crime. The jury then sum- 
mons the witnesses, none in favor of the accused being here 
allowed, and the examination is conducted in secret. If twelve 
of the jurors vote that there is sufficient evidence of guilt to 
warrant a trial, the foreman of the jury writes across the bill 
of indictment " a true bill," and sends it to the court; if, on 
the contrary, the evidence is insufficient, he writes ^^not a 
true bill" or "not found," and there is an end of the matter. 

Sometimes a grand jury, from their own knowledge or obser- 
vation, charge a person with an offense. This is called di, present- 
ment. But the prosecuting officer must afterward frame a bill 
of indictment before the accused party can be brought to trial. 

5. Tlie Petit Jury. — This is the trial jury. In all the 
higher courts it consists of twelve men, and in justices' courts 
of six. At every term of court, petit jurors are summoned to 



JUDICIAL DEPARTMENT. 87 

serve during that term, wliicli usually lasts one or two weeks. 
They listen to the testimony on both sides of a case, and then 
render a decision; but the members of a trial jury must unan- 
imously agree before a decision can be reached. 

6. Selection of Jurors. — Both juries are drawn by lot by 
the proper official, and the list of names from which the jurors 
are selected is made according to the State laws, which laws 
yary in the different States. Generally the authorities of every 
city and town, or sometimes county, put into a box the names 
of all persons w^ithin such city, town or county as are qualified 
to serve as jurors by the State laws; and names are then drawn 
from the box. If both grand and petit jurors are wanted, 
usually the first twenty- three drawn are summoned as grand 
jurors, and those that follow as petit jurymen. As a general 
thing, enough petit jurors are drawn to supply two or three 
juries; for some may be prejudiced concerning particular cases, 
and objections w^ill be made to their serving on those trials; 
while others may not be able to serve, and will be excused by 
the judge. 'No one is called upon to discharge this duty, 
which is many times very burdensome, of tener than once in a 
certain number of years, usually three. 

7. Duty of Jury Service. — It is difficult to obtain a well 
qualified jury. The duty of a juryman is often tedious and 
slightly paid; and many men, rather than leave their private 
business, pay a fine, or are^ excused by the judge for trifling 
reasons. This often leaves the work in the hands of idle, 
ignorant, and unprincipled men, who are glad to serve for the 
small sum paid; and these men decide many of the important 
cases in court. Such juries are easily bribed, and no one is 
sure of justice when they are serving. This has come to be so 
great an evil that many think it would be better to do away 
with juries entirely, and leave cases to be decided by honest 
judges. The trouble, however, is not with the system itself, 
for the history of all nations proves the jury to be the fairest 
and least corrupt of any system of trial ever used. It is tlie 
carelessness and neglect of the people themselves that have 
brought it to its present ill repute. It is plainly the duty of 
the citizen to serve as juror when summoned. 



88 CIVIL GOVERNMENT OF THE UNITED STATES. 

III. The Writ of Habeas Corpus. 

1. Its Orig-in. — Magna Charta provided that no person 
should be imprisoned unless by the legal judgment of a jury 
of his peers. Yet, by the king's warrant, persons were still 
sent to prison and kept there without help. But Parliament- 
after a time passed the famous Habeas Corpus Act, which 
effectually remedied this evil. 

2. Definition. — A lurit is a written instrument issued by a 
court, commanding a person to do some particular thing 
therein specified. Formerly all the writs of England were in 
Latin and the words habeas corpus are Latin words, signifying 
*^you may have the body." A writ of habeas corpus is a writ, 
issued by a judge having competent authority, commanding the 
officer or any other person who holds some one named therein 
in custody, to bring such prisoner in person before the court at 
a certain time and place, with the cause of his imprisonment. 

3. When Used. — It may happen that a person is unlaw- 
fully arrested and imprisoned for alleged crime, or that some 
one is locked in a room, or that a child is unlawfully kept 
in custody. In such cases the prisoner, or anyone acting for 
him, may apply for a writ of habeas corpus, and thus obtain a 
hearing before the court, and have the charges against him 
examined. If the court, upon investigation, considers the im- 
prisonment illegal, it demands his discharge; otherwise he is sent 
back to prison. This proceeding does not determine whether 
a person accused of crime is guilty or innocent, but simply 
whether he is legally deprived of liberty at the time of inquiry. 

4. Its Importance. — The writ of habeas corpus is the most 
famous writ in the law, and is considered the greatest security 
of personal liberty known to our institutions. It has been 
enacted among the laws of every State; and so important is it 
considered, that State constitutions many times contain pro- 
visions prohibiting the suspension of its privilege, except in 
cases of rebellion or invasion. The absence of such a law in 
other governments has been, and is now, one of the chief 
sources of despotism. Kings and their ministers and other 
officials can then imprison any man without cause, and keep 
him in confinement at their pleasure. 



JUDICIAL DEPARTMENT. 89 



JUDICIAI^ DKPARTMKlSnr, Continued. 

I. Cases at Law. All cases at law are divided into two 
classes, civil and criminal. 

1. Civil Cases. — These are cases in which one person prose- 
cutes another for the enforcement or protection of a right, or 
the redress or prevention of a wrong. If one person sues 
another for debt, or for damage to property, or for slander, 
the action is civil. 

2. Criminal Cases. — In criminal cases one party to the 
suit is the State, and action is brought m order to punish 
some one for a criminal offence. Offences that imperil life, 
liberty, health, property and reputation are crimes, and are 
considered as offences against the government, because they 
endanger the public peace and welfare. The higher offences, 
as murder, arson, burglary, etc., are always called crimes; while 
offences of a much less degree of guilt, although really crimes, 
are called misdemeanors. 

II. The State Courts, a court consists of a judge or 

judges sitting on the bench, for the purpose of administering 
justice. The courts of the different States vary so greatly as 
to name and j^owers that it is possible to give only a very gen- 
eral discussion of them here. 

1. Justice's Court. — This is the court of greatest antiquity 
in the land. It corresponds to the ancient court of the hun- 
dred ; and in some States, as Delaware, the name hundred still 
remains. It is also the humblest court. There are usually 
several Justices of the Peace chosen annually in each town or 
similar division, and each presides in a court of his own, where 
he hears and decides cases at law. In this court are tried civil 
cases in which the value in dispute is small; in some States it 
must be less than $50, and in others $100, and still others $200; 
also persons are here tried who have committed petty offences. 
Oases may be appealed from this court to higher courts, as far 
as tlie law will allow. 



90 CIVIL GOVERNMENT OF THE UNITED STATES. 

2. Circuit Courts. — For judicial convenience every State 
is divided into districts, each usually comprising several coun- 
ties. In each district a court is held, called a circuit or district 
court; and in some States it corresponds to the superior court. 
They are called circuit courts because the law usually requires 
the court to be held once or twice a year in each county of the 
district, and the judges thus have to travel from one county to 
another. 

In these courts the great majority of our trials are held. 
They have original jurisdiction of nearly all classes of cases, 
botli civil and criminal; which means that such cases may 
originate or be commenced in these courts. They may also 
hear appeals from lower courts, or, in other words, have 
ajjpellate jurisdiction in such cases. 

3. Probate, Orphans' or Surrogates' Courts. — These 
courts settle the estates of deceased persons. There is usually 
one in each county, consisting of a single judge. They take 
proof of wills and empower the executor to act. The executor 
is the person named in the will to carry out its i3rovisions. 
When no will is left, these courts appoint an administrator ^ 
who distributes the personal property among the heirs, but 
who has no jurisdiction over the land owned by the deceased. 
These courts have special care of the estates, of minors whose 
parents are deceased; and guardians are appointed by them. 
They decide disputes arising over the settlement of estates; and 
they have power to remove an executor or administrator who is 
unfaithful in the performance of his duties. 

Cases may be appealed from these courts to the Su|)reme 
Court, and sometimes to the Circuit Courts. 

4. Supreme Court ; Court of Appeals. — The highest 
court in each State, of which there is only one, is usually called 
the Supreme Court. In some States, however, the highest 
tribunal is called the Court of Appeals. This court is presided 
over by a chief justice and associate judges. It seldom has 
original jurisdiction; but cases both civil and criminal are 
appealed to it from the lower courts. It interprets the con- 
stitution and laws of the State, by deciding how the law 
applies to. particular cases; and the lower courts must follow 



JUDICIAL DEPARTMENT. 91 

its decisions. The clerk of this court keeps an elaborate record 
of its proceedings, which are published for the benefit of the 
lower courts and of attorneys. 

5. Court for the Trial of Impeachments.— When a pub- 
lic officer is accused of corrupt conduct in office, as bribery, 
treason, or other offence, then it is the duty of the lower house 
of the State Legislature to examine into the case. If they find 
sufficient evidence to warrant a trial, they imfeacli him; that 
is, they make a formal charge against him, which amounts to 
the same as an indictment. The senate then, following the 
nsual proceedings of a court, tries the offender. When trynig 
these cases, the senate is called the court for the trial of im- 
jjeachments. The method of impeachment and its trial is fully 
given hereafter in connection with the National Legislature. 

6. Other Courts. — There are also various other courts 
■existing in the different States. 

1. Police courts are often held by police judges in the cities; 
^nd in the large cities there are generally other city courts. 

2. Courts of sessions and courts of oyer and terminer have 
jurisdiction in criminal cases. 

3. County courts or courts of common pleas are higher than 
justices' courts, and have jurisdiction in civil cases. 

4. Courts of chancery or courts of eciuity exist in a very few 
States. They have jurisdiction in certain cases in which other 
courts in the State have not. 

III. ELECTIONS, Terms and Salaries of Judges. 

The judges of the State courts are either elected by the people 
or the Legislature, or are ajDpointed by the governor with the 
approval of the State senate. Their terms of office vary. In 
the higher courts they are from two to twenty-one years, 
though in a few States the higher court judges hold office for 
life or until seventy years of age. Their salaries are fixed by 
law. 

IT. Proceedings in a Civil Case. 

1. Summons. — The court, at the request of the plaintiff. 
or party bringing the suit, issues a writ, which is served upon 
the defendant, or party defending the suit, summoning him 



92 CIVIL GOVERNMENT OF THE UNITED STATES. 

to api3ear in court. He may, instead of appearing in person,, 
have his attorney or counsel file a notice in the clerk's office* 
But, in case he does neither within a certain time, the plaintiff 
may take judgment and have it executed at once. 

2. Pleading's. — If the defendant appears, either in person 
or by the action of his attorney, the plaintiif then serves or 
files his written complaint , and the defendant serves or files 
his written ^j/ert or ansiver. These papers are called tlie plead- 
ings. The court examines them, and, if the facts set forth in 
the two papers agree, it makes a decision without the form of 
a trial. Otherwise a trial is necessary to settle the dispute. 

3. Jury. — By mutual consent of the parties the trial may 
be had before the court alone; but, as in many cases either 
party may demand a trial by jury, most cases are so tried. 
From among the petit jurymen summoned to that term of 
court, twelve are chosen by lot for each particular case as it 
comes on for trial. 

4. Trial. — Either 23arty may summon the other to trial as 
soon as tlie pleadings are filed or served; and, if either fails to 
apjDear at the trial, the other may have judgment against him. 
Witnesses are compelled to come by subpoenas or writs issued 
to them by the court, commanding them to attend, under 
heavy penalties if they do not. Every trial is presided over 
by a judge. 

The plaintiff's counsel opens the trial by stating what the 
case is, and then passes on to the examination of the witnesses 
on his side. The defendant's counsel has the right to cross- 
examine any of these witnesses as the trial goes on. The 
defendant's counsel then j)roceeds in the same manner, after 
which he makes an argument or sums up his side of the case. 
The plaintiff's counsel closes with his argument. 

If the trial is by jury, the judge then charges them, briefly 
going over the case and instructing them concerning the law 
as it applies in that case. 

5. Verdict. — After the charge the jury retire to the jury 
room for secret consultation. They are then not allowed to 
communicate with anyone save the judge. If they cannot 



JUDICIAL DEPARTMENT. 93 

agree, they are discharged, and a new trial may be had. If 
they find a verdict, the foreman of the jury, upon their return 
to the court room, so informs the court. Usually the jury fixes 
the amount of damages, and this is named in the verdict. 

6. Judgment, — After the verdict of the jury, or the decis- 
ion of the court, if not a jury iY\2i\, judgment is filed or recorded. 
A part of this judgment is the sum of money allowed the suc- 
cessful party for the costs, or expenses of the trial. 

7. Appeal. — If the defeated party thinks there has been an 
error of any kind in the trial, he may apply for a new one; 
and, if this is not granted, he may appeal the case to the next 
higher court. This court simply examines the proceedings of 
the lower court in the case, and, if no error is discovered, it 
affirms the judgment. But if even a slight error is discovered, 
it reverses the judgment and grants a new trial, which is con- 
ducted in the same manner as the first. In many cases, if 
either party then desires, he may appeal to a still higher court, 
and so on as far as the law allows. 

The great majority of cases at law begun in the State courts 
cannot be appealed to United States courts, but must be finally 
settled by the judiciary of the State. The decision of the 
Supreme Court of the State is final, except in a certain class 
of cases named in the Federal Constitution. 

8. Execution. — The carrying out of the judgment of the 
court is the execution. If a person does not jmy the judgment 
obtained against him, the sheriff, by writ of execution from 
the court, seizes and sells his property to the amount of the 
judgment. Certain property, as household goods, laborer's 
tools and clothing, cannot be thus sold. 

Formerly the debtor could be imprisoned until he paid the 
judgment. But this remedy has been universally abolished by 
the States, except in certain cases, such as fraud, libel, assault, 
etc. 

Y. Proceedings in a Criminal Case. 

1. Arrest and Examination. — It is usual in criminal 
cases, when the escape of the accused person is feared, not to 
await the action of a grand jury, but to have a complaint sworn 



94 CIVIL GOVERNMENT OF THE UNITED STATES. 

to before a justice of the peace or other magistrate upon 
which such officer issues a warrant for the offender's arrest. 
The person is then brought before the magistrate issuing the 
warrant and an examination of the case is made. If in the 
mind of the magistrate the evidence is sufficient to make a 
trial justifiable, he commits the offender to jail to await fur- 
ther action. 

2. Bail. — If the crime is not punishable by death, the 
arrested person may give hail. To do this a bond must be 
given, by which certain persons agree to pay the State a sum 
of money named therein, if the accused does not appear when 
wanted. The prisoner is then released; but he is in the cus- 
tody of his bondsmen, who, when provided with proper legal 
instruments, may arrest him in any State whenever they think 
best. 

3. Habeas Corpus. — If, however, the prisoner is not out 
on bail, he may apply for a writ of liaheas corpus. 

4. Inclictment. — Then follows the indictment by the grand 
jury, unless the offense is a petty one and not indictable. 
Often this is the first action in a criminal case, no arrest of 
the offender being made until after the indictment by the 
grand jury. 

5. Trial. — If the prisoner has no counsel, the State fur- 
nishes him one, and the trial proceeds very much as in civil 
cases; though first the prisoner is called upon to answer the 
charges in the indictment. If he pleads guilty, he is at once 
sentenced; but if he pleads "not guilty," the trial proceeds. 
He has the right to a trial by jury in most cases. 



TAXATION. 95 



TTAXATION. 

I. Its Necessity. It is a self-evident fact that the exist- 
ence of any government depends in large measure upon its 
power to command the necessary means of support. It will be 
remembered that one of the greatest defects of the Confedera- 
tion was its inability to raise such funds. In this country 
there are officers of the Nation, State, county, town and dis- 
trict to be paid salaries; there are public buildings to erect and 
keep in repair, as the National Capitol, buildings of the 
National departments, State-houses, custom-houses, light- 
houses, court-houses, jails, and numerous others. The money 
needed for all this outlay must be raised by taxation, and the 
government does this by demanding of each taxable inhabitant 
a certain sum, regulated by law. As the government protects 
the property and persons of its citizens, justice demands that 
the citizens in return assist in supporting the government. 

II. Kinds of Taxes. Taxes are raised directly or in- 
directly. Herein lies the great difference between the National 
tax and the State tax. The Nation is supported almost entirely 
by indirect taxation.* Only in exceptional cases has the 
Federal government levied direct taxes, while the States raise 
nearly their entire income by direct taxation on person and 
property. 

1. Direct Taxes. — These are taxes paid directly to the 
government as taxes, and are of two kmds, 2^oll and jjrop- 
erty tax. 

1. Poll Tax.—^omQ States levy a tax on every male citizen 
over twenty-one years of age, and others on every voter. This 

* During the war of the rebellion the Federal government imposed a 
direct tax called an income tax, as a war measure. Again, in 1894, Con- 
gress passed a bill providing for a tax of 2 per cent, on all incomes in 
excess of $4000. Certain important provisions of this law were declared 
unconstitutional by the U. S. Supreme Court. 



96 CIVIL GOVERNMENT OF THE UNITED STATES. 

is called s^jjoll or cajntation tax, because it is a certain sum on 
eYerj poll or head. In general, this kind of taxation is unjust 
and oppressive, for it places the same burden on the man who 
does not own a dollar of property as on the millionaire. Some 
constitutions expressly forbid this tax; others are silent on the 
subject, leaving the matter to the discretion of the Legislature; 
while still others limit the amount of the tax to a small sum, 
$1.00 or $1.50. In all cases where this method of taxation is 
used, the amount demanded of each individual is small. 

2. Property Tax. — It must be plain to every intelligent 
mind that, in the matter of taxation, justice can only be had 
by taxing each person according to his ability to pay; that is, 
in proportion to the property he owns. This kind of tax is 
called m property tax, and is the principal source of income to 
the State and its subdivisions. Both real and personal pro2> 
erty are subject to taxation, but a large proportion of the tax 
falls upon real estate. This is chiefly due to the inability of the 
assessor to discover how much personal i^roperty each one owns. 

2. Indirect Taxes. — These taxes are so called because they 
are not paid directly to the government as taxes, but are in- 
cluded in the prices paid for goods. A merchant purchases a 
quantity of silks in France and brings it to this country to sell. 
When the goods arrive m port, our government, through its 
custom-house officials, demands a certain legal sum from him, 
called a duty. This sum goes toward the support of the 
National G-overnment. The merchant, m selling his silks, 
adds to the price which would otherwise have been charged, a 
sum sufficient to cover this duty; and thus indirectly his cus- 
tomers pay the National tax. The government lays a tax on 
the manufacture of liquors and cigars; the manufacturers then 
add enough to the price of their goods to cover this sum, and 
again the consumers indirectly pay this tax. 

The States themselves are expressly forbidden by the United 
States Constitution to lay taxes on imported or exported goods. 
The National Government alone possesses this power. But the 
States collect some indirect taxes, under the name of licenses 
for carrying on certain kinds of business, as that of selling 
intoxicating liquors. 



TAXATION. 9Y 

III. Taluation of Property or Assessment As 

the income of the States is raised almost wholly by direct 
property taxation, we shall now deal only with this kind of 
tax. In order that each person may be taxed in proportion to 
the property he owns, it is necessary that a proper valuation 
be made of all the taxable property. This work is the duty of 
the assessors, whom we have already mentioned. They\are 
required to make a list of all taxable persons in their respective 
towns or districts, together with the estimated value of each 
one's taxable property. The custom is to fix this valuation 
lower than the full market value of the property. It is quite 
important to every person that his property be not valued 
higher than that of others; and, if any person thinks the 
assessed valuation of his property too high, he may go before 
the assessors and ask to have it reduced. 

On account of the difficulty in ascertaining the amount of 
each one's personal property, some States require taxable per- 
sons to furnish lists of all their taxable i^roperty. The assessors 
may then require these persons to make oath that they have 
given a true report of their property and its value. 

IT. Exemptions. There are certain kinds of property 
which are usually exempt from taxation. In general, these 
are the public property of the State, county and town; ceme- 
teries; public school buildings and churches with lands attached; 
charitable institutions; and a certain part of one's personal 
property, as the tools and utensils of laborers. In some States 
scientific and literary property are exempted. 

y. Apportionment of Taxes. When the assessors have 

estimated the value of all the taxable jjroperty in every town 
of the State, the next step is to discover what amount of tax 
each town must pay, in order to find out its rate of taxation. 

The tax which each town must ^aj is made up of three 
parts: the sum needed to pay the expenses of the town for the 
current year, that jDart of the county tax which the town must 
pay, and the town's share of the State tax. The valuation of 
the entire taxable property of each county is sent to the State 
auditor or comptroller, who from it estimates what part of the 
State tax each county must pay, and informs the county com- 



98 CIVIL GOVERNMENT OF THE UNITED STATES. 

missioner or board of supervisors what that sum is. These 
county officers then add this sum to the tax which the county 
must raise for county expenses, and apportion the whole sum 
among the different towns of the county, according to the 
value of the taxable property of each, notifying the officers of 
each town what that town's share is. The town officers then 
add to this sum the tax to be raised for town purposes, and the 
result is the whole amount, of tax to be raised by the town. 
This sum is divided among the taxable inhabitants of the 
town, in proportion to tlie assessed value of their property. 

In cities and villages there is also a tax to be raised for the 
city or village expenses, and this must either be added to the 
other tax, or, as is usually the case, separately assessed and 
collected. In our country the State tax is usually much less 
than the town and county tax. The taxes in cities are very 
much greater than elsewhere. 

YI. Collection of Taxes, in many of the states the 

town collector collects all the taxes for town, county and State;, 
in others, the county collector makes all collections. "VYhen 
the town collector receives the taxes, he pays them over to the 
town treasurer, who deducts the amount of the town tax and 
sends the remainder to the county treasurer. He, in turn, 
takes out the county tax, and remits the balance to the State 
treasurer for State purposes. 

YII. Tax Sales. The law specifies a certain length of 
time in Avhich taxes shall be paid. If anyone neglects to pay 
his tax withm this time, a fine or penalty is added. If he still 
refuses to pay after a further specified time, his 2:)roperty, if 
personal, is seized and sold at auction, or he is sued in the 
usual way. If his tax is on real estate, the property is sold at 
auction to someone who will pay the tax and expenses incurred; 
and a tax title to the property is given the purchaser. The 
former owner then has a right to redeem the property within 
a certain time fixed by law, usually two or three years, by pay- 
ing the purchaser what he paid for taxes, with interest. The 
purchaser cannot take possession of the property until after 
the time for redemption has expired. 

This description of the method of taxation applies to a great 
number of the States, but in others it varies in numerous details. 



EDUCATION. 99 



EDUCATIOjNT. 

I. Its Importance. An ignorant people cannot cany 
on sell-government successfully. Monarcliial and aristocratic 
forms of government may be better maintained by keeping 
their subjects in ignorance; but for the continuance of demo- 
cratic institutions, the education of the citizen is a necessity. 
Much of the prosperity of our Republic is due to the system 
of common schools established by every State in the Union, at 
which the children of all may be taught at the public expense, 
thus giving the children of the poor an equal chance with 
those of the rich for acquiring an ordinary education. 

II. Support of Public Schools, 

1. Aid of Federal Government. — Neither the Articles 
of Confederation nor the Constitution granted the General 
Government any authority in regard to a system of education 
in the States; but it early recognized the necessity of such 
work, and has always found ways and means to assist greatly 
in the educational advancement of the people. 

Besides the grants for the benefit of public schools, universi- 
ties and colleges, described in the tenth lesson, at various 
other times gifts of land and the proceeds of the sale of swamp 
and overflowed lands have been granted the States by the 
National Government. Of these gifts a great part has gone 
into the States' educational funds. 

In 1836 a surplus fund of about thirty million dollars had 
accumulated in the National treasury. By an Act of Congress 
this fund was distributed among the existing States, nearly all 
of whom appropriated their shares for the support of schools. 

2. State Support. — The newer States of the West, being 
public-land States, have shared to a much larger extent in 
these land grants than the original States; but many of the 
latter have added the proceeds of the sales of State lands to 
the moneys received from the Federal government for a school 



100 CIVIL GOYEK^MENT OF THE UNITED STATES. 

fund, SO that every State in the Union has its system of free 
common schools. The interest of these funds is distributed 
among the schools of each State, usually in proportion to the 
number of school children. But this is only a small part of 
the money needed to carry on the system of public instruction; 
the large part must be raised by taxation. In some cases the 
State levies a tax for this purpose and apportions it among the 
schools. 

3. Local Support. — In other cases the counties or towns 
levy a. school tax, which is added to the State appropriations. 
Generally the township is divided into school districts, each 
one containing a common, district or public school, to which all 
the children of that particular district may go free of expense. 
Each district then raises by taxation an amount sufficient to 
cover all school expenses not provided for by other appropria- 
tions. 

III. Public Schools of the State. 

1. Ung-racled Schools. — The country common schools are 
very seldom graded; but as regards the ages of the great major- 
ity of pupils attending them, and the branches of study therein 
taught, they are the same as the mixed lower grades of the vil- 
lage and city schools. 

2. Graded Schools. — The public schools of villages and 
cities are divided into three principal grades, and these are 
usually subdivided: 

1. Primary Schools. — Where the youngest pupils are tauglit. 

2. Grammar ScJiools. — Where pupils from nine to fourteen 
or fifteen years of age are taught the ordinary English branches, 
and sometimes the higher branches. The great body of schools 
of this country are of these lower grades. 

3. HigJi Schools. — Where studies are taught adapted to a 
general education, besides, many times, higher mathematics 
and the languages. These schools are found only in the cities 
and larger villages. 

3. State Universities. — The State universities differ widely 
in the different States. In some of the Southern and younger 
Western States, they have very simple courses of study; while 



EDUCATION. 101 

the state Uniyersity of Michigan, at Ann Arbor, and some of 
the other State universities, rank high among the educational 
institutions of the Union. 

4. State Agricultural Colleges.— For the encouragement 
of agriculture and the mechanic arts, colleges have been estab- 
lished by many States with the gifts from the Federal govern- 
ment for that purpose. 

5. State Normal Schools. — Only in comparatively recent 
times has the public come to realize the fact that, if the State 
is to educate its citizens, it ought to provide competent in- 
structors. Massachusetts was the first to establish normal 
schools for the free instruction of teachers, and most of the 
other States have followed her example. Persons taught at 
these institutions must serve as teachers in the common schools 
of the State for two or three years. 

IT. Federal Goyernment Schools, in addition to 

the aid given to the States by the Federal government, schools 
are maintained at its own expense as follows: 

1. A military academy, at West Point, N. Y.^ for the educa- 
tion of army officers. 

2. A naval academy, at Annapolis, Md., for the education 
of naval officers. 

3. A college for deaf mutes, at Washington. 

4. A school for instruction in the Signal Service, at Fort 
Whipple, Va., near Washington. 

5. Common schools at the various military posts of the 
country. 

6. Schools for the education of the Indians, at Hampton, 
Ya., Carlisle, Pa., Salem, Ore., Santa Fe, N. M., and other 
places. 

T. Endowed Institutions of Learning. The largest 

part of the work of higher education, however, is done in insti- 
tutions established by private enterprise — colleges, seminaries, 
universities, and professional schools. Our most famous insti- 
tutions of learnmg belong to this class. They receive no aid 
from the State or communities, but their property all comes 
from gifts or legacies. 



102 CIVIL GOYEKNMENT OF THE UNITED STATES. 

Many academic, grammar and high schools are likewise 
maintained by private benevolence. 

TI. School Officers. 

1. state Superintentlent. — In nearly all the States there 
is a superintendent of puUic instriiction, who has general over- 
sight of the educational work of the entire State. He collects 
information concerning the schools; the amount of money 
expended yearly upon them; the number of teachers employed; 
the number of children residing in each district, and the num- 
ber attending the schools; and various other important mat- 
ters. He then rej^orts to the Legislature at every session the 
information collected, and suggests such improvements in the 
school laws of the State as he thinks advisable. 

2. County Superintendent. — Many States have county 
superintendents of scliools, called also county school commission- 
ers and county exami^iers. Their work is an important element 
in the system of education. They visit the schools of the 
county and advise the teachers in regard to their work; they 
examine teachers and issue certificates; and they hold associa- 
tions and institutes for the instruction of teachers. In some 
States they decide disputes arising under the school laws, and 
sometimes distribute the school revenue. They make an an- 
Tiual report to the State superintendent of the condition of the 
.schools under their charge. 

3. City and Village Superintendents. — Often, in the 
large villages and cities, superintendents are appointed who 
have charge of grading the schools; adopting a system of jDro- 
motion from one room to another; planning the work of the 
teachers and the courses of study; introducing new methods; 
and advancing the interests of the schools in all j^ossible ways. 

4. The School Board. — In nearly all cases the local man- 
agement of schools is placed in the hands of a hoard of direct- 
ors, a committee, or trustees. Sometimes this board is com- 
posed of the directors chosen by the several districts of the 
township or the several sub-districts of a city, the members 
acting as agents of the board in their respective districts. Or 



EDUCATIOIiT. 103 

when the city is not cliTided into snb-districts, a board is 
chosen at large to manage all the schools witlii'n the city limits. 

In other cases each school has an independent local manage- 
ment, carried out by a board of its own, or by one or more 
trmstees. Village and city schools almost universally have a 
government separate from the country schools. 

These boards appoint and discharge teachers; pay their sala- 
ries; determine the length of the terms; have charge of the 
school buildings; supply fuel and apparatus; sometimes fur- 
nish text-books to pupils; and establish rules for the govern- 
ment of the schools. 

5. Bureau of Education, — The Interior Department con- 
tains a ^"ational Bureau of Education, established by Congress 
in 1867. The business of this bureau is to collect and publish 
educational information; to point out the best methods of 
instruction; to show where schools are needed; and to act as a 
means of communication on such subjects between the differ- 
ent States of the Union, and between this country and foreign 
nations. 

Til. Compulsory Education. In a few States there 

are laws compelling every child between the ages of seven and 
fourteen years to attend school for a certain portion of each 
year. In some of these laws there is a clause prohibiting man- 
ufacturers and others from employing children, between the 
ages of ten and fourteen, who have not, within the preciding 
year, attended school for the number of weeks required by law. 

Till. Religion in the Schools. No State gives any 

religious denomination footing in its public schools. The 
religious instruction of children is left to the church itself, 
and the education of the clergy to theological seminaries 
founded by the different denominations. 

There has been much trouble and controversy over the sub- 
ject of opening schools with religious exercises, some claiming 
to be wronged by the use of the Protestant translation of the 
Bible. On this account devotional exercises have been done 
away with entirely in some schools, and very much restricted in 
others. But the end of this controversy has not yet been reached. 



104 CIVIL GOVERNMENT OF THE IGNITED STATES. 



F^UBLIC INSTITUTIONS. 

I. Charitable Institutions. It is fitting that a goY- 

eniment, wjiich has for its only object the welfare of the 
people, should protect and care for such of its helpless and 
unfortunPute citizens as are unable to care for themselves. 
Every State in the Union has institutions for some or all of 
these classes of unfortunates, the pauper, the blind, the deaf- 
mute, the inebriate, the insane, the idiot, and the juvenile 
criminal. 

1. Poor Houses. — One of the most troublesome problems 
with which a government has to deal is that of rendering 
needed assistance to the poor, without fostering habits of idle- 
ness and vice. Our State governments assume that every per- 
son will support himself if able to do so, and, if not, our laws 
require that certain near kinsfolk support him, if they are 
able. Otherwise it becomes the duty of the government to 
take the matter in hand, in which case the policy is followed 
of having paupers supj^orted by the community where they 
resided when their disability arose. 

In many States the care of the poor is given over wholly, or 
in part, to the township, which then hires its j)aupers ke23t by 
responsible persons, or pays for their keeping at some public 
institution of the kind owned by the government.- 

Often the county, instead of each townshi]!, has charge of a 
home and farm, where paupers from the whole county are sup- 
ported, either entirely at the expense of the county, or by each 
township paying for the supjDort of its paupers. 

2. Insane Asylums. — There are many insane peoj^le in a 
State who are unable to pay their expenses at private hospi- 
tals. As they need special care and skilled medical treatment, 
the State establishes institutions where they may receive these, 
either at the public expense, or that of near relatives able to 
pay. Counties, towns and cities often maintain institutions, 
of this kind. 



PUBLIC INSTITUTIONS. 105 

3. Other Asylums.— The State also has asylums for orphan 
children, idiots, deaf-mutes, the blind, and inebriates, where, 
many times, special educational instruction is furnished, as 
well as support and medical aid. There are, besides, similar 
institutions supported by counties, towns and cities. 

4. Reform Schools.— Many States establish institutions 
for the correction and education of youthful criminals. 

5. Federal Institutions. — The United States government 
maintains homes and hospitals for disabled seamen and soldiers, 
and an asylum for insane soldiers and for the insane of the 
District of Columbia. 

II. State Prisons. The state maintains prisons for 
the confinement of criminals convicted of the higher crimes. 
The county jails and penitentiaries are for the lower grades of 
criminals. In most States the prisoners are compelled to 
labor, by which means many prisons are rendered self-sup- 
porting. 

III. Highways. Eoads are a necessity, and one of the 

duties of the government is to make suitable provision for 
them. The State has the right to take anyone's property for 
public use, on paying its value, whether the owner consents 
or not. This is called the right of eminent domain; and the 
government exercises this right by taking lands for public 
roads. Nearly always the counties or towns, by the authority 
of the State, locate and maintain the roads; though sometimes 
the State itself does this in cases of the most important ones, 
which are then called State roads. 

The National government has power by the Constitution to 
establish post-roads, and often exercises it by appropriating 
money for bridges and other necessary improvements. 

IT. Canals. New York, Pennsylvania and Ohio have 
many canals, while some States have few, and others none. 
Very often private corporations establish and maintain canals; 
but they are sometimes constructed by the State and managed 
by State officials. In such cases the State usually sets apart 
a fund, the income of which is used for this purpose; while 
the United States government adds to this fund by appropri- 



106 CIVIL GOVERNMENT OF THE UNITED STATES. 

ating public lands for the cause. This is done because the 
canal is a benefit to all the people of the Nation as well as the 
people of the State itself. Land for canals is also acquired by 
the right of eminent domain. 

To B-AILROADS. Eailroads are usually the work of private 
enter2:)rise, but are aided by the State in many ways — by the 
loan of moneys, grants of public land, etc. As in the case of 
highways and canals, the State compels the surrender of neces- 
sary property, or gives to the railroad company the power to 
do so. 

The State generally exercises some control over railway and 
canal companies, banks and insurance comjjanies, and other 
corjoorations having large powers and privileges. This is done 
in order to prevent any fraud or injury to the public through 
them. Certain officers are required to have supervision over 
such corporations, to collect information in regard to their 
property and business, and have this information published. 

YI. State Debts. It very often happens that towns, 
cities, counties and States undertake some public work requir- 
ing a large amount of money. To raise these funds at the 
time when needed would make the taxes so high as to be 
exceedingly burdensome to the people. Many of the works, 
also, as public buildings, water-works, canals, etc., may be of as 
great benefit to the people of later years as to those living at the 
time the work is done, and it seems but just that the burden 
should be distributed among those deriving the benefit. In 
order to do this, the government borrows the necessary money 
^and issues bonds for its indebtedness, the same as an individual 
gives his note for borrov/ed money; and then the interest and 
the bonds themselves are paid gradually by the people. 

We have seen that counties, towns, and cities, being corpo- 
rations, may be sued in the courts as natural persons, if they 
d.0 not pay their debts as they agree; but a State, as we shall 
see hereafter, cannot be forced to pay its debts by private indi- 
viduals. It has even happened that several States have refused 
to pay some of their debts, or as it is called, reinidiated them; 
and in such cases the bonds are only so much worthless paper. 



PUBLIC IXSTITUTIOXS. 107 

Til. Militia. It is the policy of desi^otic governments 
to maintain large military forces, for keeping their subjects in 
a state of subjection, and resisting the attacks of foreign ene- 
mies; but the people of free governments do not favor the 
keeping of large standing armies in times of peace. The geo- 
^•raphical position of our country, separated as it is, by the 
oceans, from all the powerful nations of the earth, helps to do 
away with the necessity of large armed forces. Our Xation 
has but a small standing army, and the States have none; the 
only military organization they possess is a viilitia. This con- 
sists of all the able-bodied men between certain ages, eighteen 
or twenty-one to fortj'-five years, who are residents of the 
State, and are not exempt by the laws of the State or Nation. 
Generally persons exempt by the State laws are members of 
the State legislative, executive and judicial departments, clergy- 
men, physicians, teachers, firemen, members of military com- 
panies who have served a certain length of time, and in many 
States those who have conscientious scruples concerning war, 
as the Quakers. Persons exempt by N"ational laws are mem- 
bers of the three departments of National Government, 23ilots, 
mariners, and some others. 

When the militia of any State is organized, it is divided into 
brigades, regiments, companies, etc., with the usual officers 
over the divisions, adjutant-generals, colonels, captains, etc., 
while the governor is commander-in-chief; but, as a matter of 
fact, the militia of most of the States remains practically unor- 
ganized. 

The militia may be called out at any time by order of the 
President, and it then passes out of State control and under 
that of the United States. 



108 CIVIL GOVERNMENT OF THE UNITED STATES. 



INTATIOXAL Goveristment. 



T^V^KKTrY-KOURTTH: LKSSON. 



PRKAIMCBLE, AND CONGRKSS IN GKNKRAL. 

CONSTITUTION OF THE UNITED STATES. 

Preamble. 

We, the people of the United States, in order to form a more perfect 
union, establish justice, insure domestic tranquility, provide for the com- 
mon defense, promote the general welfare, and secure the blessings of 
liberty to ourselves and our posterity, do ordain and establish this Con- 
stitution for the United States of America. 

ARTICLE I. — Legislative Department. 

Section 1. — Congress in General. 

All legislative povy^ers herein granted shall be vested in a Congress of 
the United States, vs^hich shall consist of a Senate and House of Repre- 
sentatives. 



I. The Preamble. The introductory sentence of the 
Constitution, which is usually called the i^recmible, is an im- 
portant part of the instrument itself. The preamble of a stat- 
ute or law is the introduction containing the reasons for mak- 
ing the law, and the purposes for which it is intended. The 
preamble of the Constitution contains more than this; it names 
the authority which therein expresses its will, '^'^We, the peo- 
ple of the United States;" it sets forth the aims and j)urposes 
of the law-givers in six concise statements; it gives a name to 
the expression of will, a '^ Constitution;" and it declares upon 
whom it is to be binding, " The United States of America." 

The Authority. — The Articles of Confederation were 
merely a compact or agreement between the States as separate 
and independent governments. The Constitution is an agree- 



PREAMBLE, AND CONGRESS IN GENERAL. 109 

ment by the iKoph, the whole people of the United States, 
united under one National Government. They are the only 
source of authority, the sovereign power. 

Aims of the Coj^-stitution.— The purpose of the Consti- 
tution was to remedy the defects which existed under the Con- 
federation. It was therefore intended by this method of gov- 
ernment: 

1. To Form a More Perfect Union.— That is, a more 
perfect union than the very imperfect one which had existed 
under the Confederation. 

2. To Estabiisli Justice. — The failure of the government 
of the Confederation was due in great part to its inability to 
establish justice. Under it there v/as nothing in the shape of 
a National judiciary. Its home measures were unheeded by 
the individual States, and its treaties with foreign nations 
were broken by them; while the injustice that prevailed, on 
account of the unrestricted power of the States to enact and 
enforce whatever measures seemed to them desirable, con- 
stantly threatened to involve the country in general war. Un- 
less justice could be established under the new government, 
the final dissolution of the Union was certain. 

3. To Insure Domestic Tranquility. — After the years of 
domestic contention that had followed the War of the Eevolu- 
tion', tranquility among themselves was one of the great objects 
to be desired by the people. 

4. To Provide for the Common Defense. — The Con- 
federate Congress had no power to provide means for the 
defense of the country. The framers of the Constitution 
knew that this must be remedied, as a nation unprepared for 
war, by reason of its v/eakness, is liable to constant attacks 
from foreign nations. 

5. To Promote tlie General Welfare.— This is the duty 
of every government. It had been well demonstrated that the 
individual States could not secuie this object; that it required 
the resources of a strong national government to successfully 
regulate those affairs, which concerned the people of the coun- 
try at large. 



110 CIVIL GOVERNMENT OF THE UNITED STATES. 

6. To Secure the Blessings of Liberty to Ourselves 

and Our Posterity.— This was the most important object of 
all. It was for this their fathers had colonized an unknown, 
country, and it was for this they themselves had waged a seven 
years' war with England. And not only did they desire it 
for themselves, but they were working to secure it to their 
posterity. 

II. Legislatiye Department. 

1. Its Importance. — Although the three departments into 
which our National government is divided are equal in rank, 
and each supreme in its own particular sphere, yet in many 
respects the legislative is the most important. Here rests the 
greatest power of all — that of making the laws for the whole 
IJnited States. Here the people express their will, by adopt- 
ing, through their representatives, those measures which are 
to govern themselves. Its work must necessarily precede that 
of the other two departments, for laws must first be made, 
before they can be interpreted or executed. 

2. Its ;Nanie. — The people of the country had long been 
familiar with the name of Congress, for by that name they 
had called the body which had constituted their general gov- 
ernment so many years. This name was now given the legis- 
lative department of the new government. 

3. Its Composition. — The Congress of the Confederation 
consisted of but one house. It was proposed that the National 
Congress be composed of two houses, in order that each might 
act as a check on the other, thus preventing hasty or dishonest 
legislation. Moreover the English Parliament consisted of 
two houses, the House of Commons and the House of Lords, 
and this served somewhat as a pattern. 

It will be remembered that in the Confederate Congress the 
States had equal power. Naturally enough, the small States 
were reluctant to yield this advantage, and insisted that the 
representation in the National Congress should also be by 
States, and equal; while the large States were determined to 
have the power distributed according to the wealth and popu- 
lation, or the population alone. But, after mach discussion. 



PREAMBLE, AND CONGRESS IX GENERAL. Ill 

the matter was compromised by combining both methods. 
The Senate was to represent the States, and the House of Rep- 
resentatives the peoi^h. In the upper house the representation 
should be equal, large and small States the same; in the lower 
house it should be in proportion to the population. 

4. Its Place of Meeting.— The Capitol at Washington 
was erected for the use of the National Legislature, and it is 
there that Congress holds its sessions. This bailding is of 
white marble, and stands on an eminence overlooking the city 
and the Potomac River. At first the Capitol was much smaller 
than now. The present central portion was the original build- 
ing, and contains the old Senate Chamber, now used by the 
Supreme Court, and the old Hall of Representatives, now occu- 
pied by the statues of many of our great men. Over this cen- 
tral part rises the great dome, surmounted by a bronze statue 
of Liberty. Two immense wings have been added, one on 
either end, the southern containing the present great Repre- 
sentatives' Hall, and the northern the Senate Chamber. Both 
these chambers are entirely surrounded by vestibules and other 
rooms, and do not open outside, but are lighted by ceilings of 
glass. There are also many smaller rooms and offices neces- 
sary for the use of Congress. 

The interior of the Capitol contains much beautiful work- 
manship and many objects of interest; stair cases and pillars 
of the various marbles of the country, frescoed ceilings, fine 
works m bronze, and pictures representing National scenes, 
many of which are hung in the great rotunda under the dome. 
On one of the lower floors, near the center of the building, is 
a white marble star, which marks the meridian of Washington, 
the meridian from which we reckon longitude in this country. 



112 CIVIL GOVERNMENT OF THE UNITED STATES. 



T^^KNTY-KlKTPH LKSSON, 



HOUSE OF^ RKPRESENTATIVES. 

Article I; Section 2. — House of Representatives. 

1. The House of Representatives shall be composed of members chosen 
every second year by the people of the several States; and the electors in 
each State shall have the qualifications requisite for electors of the most 
numerous branch of the State Legislature. 

2. No person shall be a representative who shall not have attained to 
the age of twenty-five years, and been seven years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that State in 
which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among the 
several States which may be included within this Union, according to 
their respective members, which shall be determined by adding to the 
whole number of free persons, including those bound to service for a' 
term of years, and excluding Indians not taxed, three-fifths of all other 
persons. The actual enumeration shall be made within three years after 
the first meeting of the Congress of the United States, and within every 
subsequent term of ten years, in such manner as they shall by law direct. 
The number of representatives shall not exceed one for every thirty thou- 
sand, but each state shall have at least one representative; and until such 
enumeration shall be made, the State of New Hampshire shall be entitled 
to choose three; Massachusetts, eight; Rhode Island and Providence 
Plantations, one; Connecticut, five; New York, six; New Jersey, four; 
Pennsylvania, eight; Delaware, one; Maryland, six; Virginia, ten ; North 
Carolina, five; South Carolina, five; and Georgia, three. 



I. Character of the House of Kepresentatites. 

This is the lower and more numerous branch of the National 
Legislature. As its members are chosen directly by the peo- 
ple for the short term of two years, it is supposed to represent 
more closely their views in regard to the public questions of 
the day; and the interests of the people are here thought to be 
especially guarded and advanced. For these reasons this house 
is called the popular branch of the Legislature. 






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HOUSE OF EEPKESENTATIVES. 113 

II. Term or Representatives. Every second year 

Eepresentatives are elected throughout the United States, and, 
with tew exceptions, on the first Tuesday after the first Mon- 
day of November. Thus every two years there is a new House 
of Representatives. On this account each of these two-year 
periods of the National Legislature is called a '^ Congress," 
and, for convenience, these Congresses are numbered, as first, 
second, third, etc. Instead of saying the Congress of 1897-8, 
we say the fifty-fifth Congress, because that was the fifty-fifth 
time a new House of Representatives had come into oflace. As 
the first Congress began March 4th, 1789, each new Congress 
begins its term on the fourth day of March of every odd year. 
But Representatives are elected on every preceding or even 
year. 

III. Who May Tote for Representatiyes. At the 

time when the Constitution was in process of formation, the 
qualifications of electors varied widely in the different States. 
Much discussion therefore arose in the convention over the 
qualifications of the voters who should elect Representatives. 
It was found impossible to agree upon a uniform rule of voting 
for all the States; and so it was. finally settled that in every 
case those who were qualified by the State laws to vote for 
members of the lower house of tlie State Legislature could vote 
for members of the House of Representatives. Thus, whoever 
is qualified to take part in his own State government is also 
qualified to vote for these National officers. Among all- the 
thousands of United States officers, only Representatives are 
chosen by direct vote of the people. 

IT. Qualifications of Representatiyes. But three 

qualifications are required by the Constitution of a member of 
the House of Representatives. These are: 

1. Ag-e. — He must be twenty-five years old. Few men, 
previous to that age, have acquired wisdom and experience 
equal to the demands of so responsible a position. 

2. Citizenship. — He must have been seven years a citizen 
of the United States. Not only natural born citizens but 

8 



114 CIVIL GOVERNMENT OF THE UNITED STATES. 

aliens may become Eepresentatives. This is an exception to 
the laws of most countries. Since an alien may become natu- 
ralized after a five years' residence in this country, it follows 
that at least twelve years of residence here are required of a 
foreigner before he becomes eligible to this office. 

3. Kesidence. — State citizenship is not of as much im- 
portance as United States citizenship. A Representative, when 
elected, must be a resident of the State in which he is chosen; 
but he need not have resided there long enough to have 
acquired a legal residence; that is, to have acquired the legal 
right to vote there; and he may also remove from the State 
immediately after his election, and still continue in office for 
the term for which he was elected. Nor is it required that he 
should reside in the particular congressional district for which 
he is chosen; but as a matter of fact he is always a resident of 
such district, for it is considered an important matter by the 
people of each district that they be represented by one of their 
own number, who has their j)ersonal interests at heart. 

Y. Apportionment of Members. 

1. Basis of Representation. — After it was settled that 
Rei^resentatives should be apportioned among the States 
according to the population of each, one of the most bitter 
disputes of the whole convention arose over the question of 
who should be included in the representative population. 
This dispute nearly resulted in the dissolution of the conven- 
tion. 

At that time slavery existed in all the States except Massa- 
chusetts; but the ISTorthern States held so few slaves that they 
were j^ractically non-slaveholding. The Southern States con- 
stituted the great slaveholding section of the countr3^ These 
latter States, therefore, contended that the slaves should be 
counted the same as free white inhabitants in apportioning 
Eepresentatives. But the North claimed that this would be 
giving the slaveholding States unjust advantage in j)olitical 
legislation; that merely because they owned certain property, 
they must not have greater political power. Moreover, many 
strongly objected because it would amount to the same as offer- 



HOUSE OF KEPKESEI^TATIVES. 115 

ing a premium on the wretclied traffic in hnman beings; for 
the more negroes imported from Africa into any State,' the 
greater would be its power in Congress. 

But m this case, also, the matter was finally compromised. 
The Northern States consented that every five slaves should be 
counted as three persons; while the Southern States agreed 
that direct taxes should be levied on the same basis. Although 
by this plan the Southern States would still have greater rep- 
resentation according to their white population, still they must 
also pay greater direct taxes; and this, it was thought, would 
be of much advantage to the Northern States. But the result 
proved that the whole advantage lay with the South, for the 
National government became almost wholly supported by the 
custom-house revenues; and direct taxation was little resorted 
to as long as this system of apportionment was practiced. 

It was thus settled that the total white population, three- 
fifths of the slave population, and all Indians taxed, should 
form the basis of representation. 

This remained the law until after the time of the Civil War, 
when, by amendments to the Constitution, slavery was abol- 
ished, and provision was made for apportioning Representatives 
according to the total population, whether white or black, 
with the exception of Indians not taxed, whose number now is 
too small to need consideration. • 

The words servitude, slave and slavery nowhere occur in the 
original Constitution, and the authors in every place avoided 
their use by employing some other expression that conveyed 
their meaning. In the amendments added after the Civil War 
these terms are used. 

2. XInitecl States Census.— The actual numbering of the 
population was to take place within three years after the first 
meeting of Congress. This was done in 1790, during the early 
part of Washington's administration, and the Eepresentatives 
apportioned accordingly. As further prescribed, this has been 
done every ten years since; so that in every year that ends with 
a cipher the United States census is taken. 

3. Ratio of Representation.— The Constitution does not 
limit the House to any definite number of Representatives; 



116 CIVIL GOYERNMENT OF THE UNITED STATES. 

but it declares that the representation must not exceed one for 
every thirty thousand inhabitants. This regulation was made 
in order that the membership might not be too large for the 
convenient transaction of business. The Constitution pro- 
vided that until the census could be taken, each State should 
send a certain number of Eepresentatives, making the member- 
ship of the first House sixty-five. 

The ratio of representation, after the first census was taken, 
was 23laced at one for every thirty-three thousand inhabitants. 
This raised the number of Eepresentatives to one hundred and 
six. Had this ratio of representation been continued up to 
1880, by the census of that year the House would have con- 
tained nearly fifteen hundred members. Every ten years, on 
account of the rapid increase in population, Congress makes a 
new apportionment of Eepresentatives, increasing the ratio of 
representation, until in 1890 it was fixed at one for every 173,- 
901 inhabitants. This ration will prevail until 1903. The 
Territories have no representatives, but each one is allowed a 
delegate who has no vote, but who may speak on questions 
relating to his Territory. 

The ratio of representation is found by dividing the whole 
population of the States by the number of Eepresentatives to 
be chosen. The population of each State divided by this ratio 
gives the number of Eepresentatives each State is allowed. Of 
course there are always remainders in making these divisions, 
and consequently the results obtained will not together equal 
the entire number of Eepresentatives. Congress then assigns 
to the States having the largest remainders an additional mem- 
ber, until the required number is obtained. 

4. Cong-ressional Districts. — After Congress has thus 
assigned to each State its number of Eepresentatives, the State 
Legislature divides the State into as many congressional dis- 
tricts as it has Eepresentatives, each district containing, as 
nearly as possible, such number of inhabitants as equals the 
ratio of representation. These districts are numbered first, 
second, third, etc., and are always referred to by number. 
Sometimes, after a State has been assigned an additional mem- 
ber, the Legislature fails to re-district it at once. In such 



HOUSE OF EEPRESENTATIVES. 117 

case the Representatiye is voted for on a general State ticket 
and is called a ^' congressman-at-large." 

5. Each State Represented. — Sometimes a State has not 
a population as large as the ratio of representation. The 
framers of the Constitution, foreseeing such a possibility, pro- 
vided that every State should have at least one Representative; 
and thus no State, however small its population, can lose its 
representation in the House. 



118 CIVIL GOYEENMENT OF THE UNITED STATES. 



Tv^KNXY-SlXTH I^KSBON. 



HOUSE OK REPRESENTATIVES, Continued. 

Akticle I; Section 2. — House of Representatives, continued. 

4. When vacancies happen in the representation from any State, the 
executive authority thereof shall issue writs of election to fill such 
vacancies. 

5. The House of Representatives shall choose their speaker and 
other officers, and shall have the sole power of impeachment. 



I. TaCANCIES in the House. When a vacancy occurs 
in the representation of any State, the governor of that State 
issues a writ of election for the congressional district in which 
the vacancy occurs. The people of such district then, in a 
special election, choose a representative to fill the vacancy for 
the remainder of the term for which his predecessor was 
elected. 

II. Officers of the House. The House chooses its 
own officers, which are : a speaker, who is -one of the members 
of the House ; a clerk, sergeant-at-arms, door-keeper, postmaster 
and cliaplain, who are not members of the House. 

1. Tlie Speaker. — This is the principal officer of the 
House, and as he is chosen by the representatives of the i)eople 
to be at their head, he is often considered the next officer m 
importance after the President. He represents the House on 
all official occasions, and his place is next the Vice-President. 
He also speaks for the House on all state occasions ; hence his 
title of speaker. 

He is chosen by the Representatives from among their num- 
ber. Usually the members of each political party select a 
candidate for this office from those of their own political faith, 
and then these candidates are voted upon. There is always 
great striving after this important office, and sometimes long- 
delays occur before a result can be reached. The clerk of the 
last House i^resides until the speaker is elected. 



HOUSE OF EEPEESENTATIVES. 119 

The speaker presides over all the deliberations of the House, 
and it is his duty to see that order is preserved. He strikes 
his desk with his gavel— a small mallet— to call the attention 
of the members and command silence. The great power in 
the hands of the speaker lies in his privilege of selecting all the 
committees of the House. 

This officer, being himself a member of the House, has the 
same right of voting as the other members ; but as a matter of 
custom he seldom exercises this right, except in those cases 
where it is a necessity, or seems highly advisable. He must 
always vote when there is a tie and when voting is by ballot ; 
but this method of voting is seldon used. 

2. The Clerk. — This officer keeps the business of the 
House in order. He makes out the roll of members ; takes 
charge of the bills that are brought before the House ; keeps a 
record of each day's proceedings ; and has other similar duties. 

3. Tlie Sergeant-at-Arnis maintains order under the 
direction of the speaker. He is the police officer of the House, 
and represents the power of that body. When the House is m 
session, he sits facing the members, and behind his chair 
stands the "^^mace," the symbol of the power of the House of 
Eei:)resentatives. This was the symbol of j^ower used for 
centuries in the Eoman senate. It is a tall, slender colnmn, 
about three feet high, consisting of a bundle of ebony sticks, 
bound together and tied by thin bands of silver. Each stick 
ends in a spear-head, and, rising from the midst of these, is a 
short column surmounted by a silver globe, upon which rests 
^ silver Eagle with outstretched wings. The mace rests on a 
marble standard during the sessions of the House, but is 
always taken down at other times. In case of disturbance or 
disorder in the House, the sergeant- at-arms takes it down and 
bears it to the place of disturbance ; and usually, at sight of 
this symbol of the people's power, every member becomes 
orderly. The sergeant-at-arms is also sent to bring absent 
members of the House, when their presence is required ; and, 
whether it be in the middle of the night, or they hundreds of 
miles away from the Capitol, when he comes for them they are 
under arrest and must obey his commands. When the House 



120 CIVIL GOVERNMENT OF THE UNITED STATES. 

is in session all night it frequently happens that so many 
members go home as not to leave enough for a quorum. The 
sergeant-at-arms is then sent to bring these absent members, 
and they are requested to give j^nblicly to the House an excuse 
for their absence. Some extremely ludicrous reasons are given 
by members who have no real excuses. 

If in any instance the sergeant-at-arms is not obeyed, the 
power of the United States Government stands behind him tO' 
enforce his orders. 

4. The Doorkeeper. — The charge of the Eepresentatives 
Hall — of its furniture, books and other public property — is in 
the hands of this officer. He allows only such persons to enter 
as are permitted by the rules ; and he also has supervision of 
the gallaries, to which the public is admitted. 

5. The Postmaster superintends the special postoffice kept 
in the Capitol for the convenience of members and officers, 
and he must see that the mails are promptly and safely 
delivered. 

6. The Chaplain. — Each daily session of the House is: 
opened with prayer by the chaplain, who is usually selected 
from the clergymen of the city of Washington. 

7. Assistants. — Stenographers, clerks, messenger boys, 
called pages, etc., assist the officers in discharging their 
numerous duties. 

III. Oath or Office. At the opening of the session of 
each new Congress, as soon as all the officers are chosen, the 
member of the House who has served the longest time, and 
who is therefore called *^ Father of the House," administers 
the oath of office to the speaker. This oath is a solemn 
promise, with the help of God, to support the Constitution 
and laws of the United States, and to perform the duties of 
his office faithfully. After this the speaker administers the 
oath to the other officers of the house and to all the Rep- 
resentatives as they aj)pear before him by States. Then the 
business of the session is begun. 

lY. Power of Impeachment. The House of Repre- 
sentatives has the sole power of impeachment. The officers. 



HOUSE OF REPRESENTATIVES. 121 

subject to impeachment are the President, Vice-President, and 
all civil officers of the United States. Members of the legisla- 
tive department are not considered civil officers within the 
meaning of this provision, and therefore cannot be impeached ; 
they may, however, be expelled. Military and naval officers 
must be tried before military courts. 

When a complaint concerning one of the above mentioned 
officers is formally entered before the House, the matter is 
placed in the hands of a committee, who proceed to investigate 
the charges. If they find these charges well founded, they 
make such a report to the House. That body then discusses 
the question, after which a vote is taken. If a majority favor 
impeachment, articles of impeachment are prepared, and a 
committee is appointed to lay the whole matter before the 
Senate, and to represent the House in the prosecution which 
follows. 



122 CIVIL GOVERNMENT OF THE UNITED STATES. 

Tw^knty-Skventth Lesson. 



Article I; Section 3. — The Senate. 

1. The Senate of the United States shall be composed of two Senators 
from each State, chosen by the Legislature thereof for six years, and each 
Senator shaH have one vote. 

2. Immediately after they shall be assembled in consequence of the 
first election, they shall be divided, as equally as may be, into three 
classes. The seats of the Senators of the first class shall be vacated at 
the expiration of the second year, of the second class at the expiration of 
the fourth year, and of the third class at the expiration of the sixth year, 
so that one-third may be chosen every second year ; and if vacancies 
happen, by resignation or otherwise, during the recess of the Legislature 
of any State, the executive thereof may make temporary appointments 
until the next meeting of the legislature, which shall then fill such 
vacancies. 

3. No person shall be a Senator who shall not have attained to the age 
of thirty years, and been nine years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State for which he 
shall be chosen. 

4. The Vice-President of the United States shall be President of the 
Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall chose their officers and also a President i:)ro tempore, 
in the absence of the Vice-President, or when he shall exercise the office 
of President of the United States. 

6. The Senate shall have the sole power to try all impeachments. 
When sitting for that purpose, they shall be on oath or affirmation. 
When the President of the United States is tried, the Chief Justice shall 
preside ; and no person shall be convicted without the concurrence of 
two-thirds of the members present. 

7: Judgment in case of impeachment shall not extend further than to 
removal from office, and disqualification, to hold and enjoj^ any office of 
honor, trust or profit under the United States ; but the party convicted 
shall nevertheless be liable and subject to indictment, trial, judgment, 
and punishment according to law. 



I. Character of Senate. The Senate of the United 

States, or the upper house of Congress, is ordinarily considered 
Si body of mucli greater dignity than the House of Eepresenta- 




cc 

LU 
20 

<: 
X 

o 



C/3 
LU 

(- 
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C/) 
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THE SENATE. 123 

tives. Its members are presumed to be men of larger 
experience in public affairs and greater renown. It is a mucli 
smaller body than the House ; greater age and longer citizen- 
ship are required of its members, and their term of office is 
three times as long. Senators represent the States as distinct 
and individual governments. 

II. NOIBER OF Senators. All the states of the Union 
have equal representation in the Senate, each sending two 
members. Thus the small State of Ehode Island has the^same 
power m this house as the great State of Texas with a territory 
nearly forty times as large, and as the State of Xew York with 
its twenty-fold population. 

Two Senators were allowed each, that in case one should be 
absent the State might not be left unrepresented. It happened, 
hovfever, in 1881, that both Senators from New York, on 
account of certain disagreements with the executive, suddenly 
resigned, and left the State for a time unrepresented. But 
two new men were after a little returned in their places. 

III. How Senators are Chosen. The Constitution 

provides that the Legislatures of the States shall choose the 
United States Senators ; but it does not declare in what manner 
this shall be done. How^ever by an Act of Congress of 1866, 
the election must be conducted as follows : 

1. The Legislature proceeds to the election of Senator on the 
second Tuesday after its organization. Each house separately, 
by a viva voce vote, names a person for Senator, and enters the 
name in the journal of the house. Or, if no person is given a 
majority, this fact is also recorded in the journal. 

2. On the following day, at twelve o'clock, both houses meet 
in joint assembly, and the journal of each house is read ; and, 
if the same j^erson has received a majority of all the votes in 
■each house, he is declared duly elected United States Senator. 
But if no person received such majorities, then the joint 
assembly chooses, by a viva voce vote, a person for Senator, and 
that person receiving a majority vote of the joint assembly is 
declared elected. 

3. If, hov/ever, no result is reached, the joint assembly meets 
at twelve o'clock on every succeeding day, and takes at least 



124: CIVIL GOVERNMENT OF THE UNITED STATES. 

one vote each day during the entire session of the Legislature* 
or until a Senator is elected. 

IT. Term of Office. In considering the length of the 
term of office of Senators, the Constitutional Convention 
unanimously agreed that it should be sufficiently long to secure 
greater dignity, stability and experience to that body than the 
term of the Kepresentatives would insure. It was thought 
desirable that this body should feel more independent of the 
people than would be the case were its members elected for 
short terms ; and it would thus be less liable to be influenced 
by popular excitement. It was also believed that a longer 
term would induce greater care on the part of those selecting 
Senators, and would make the office worthy the ambition of 
the ablest men of the country. Still further, this house would 
then secure the great advantage of long experience and train-^ 
ing, and would be less liable to desire frequent changes in the- 
laws of the country, thus acting as a check on this evil in 
legislation, which may be as injurious in its effects as corrupt 
laws themselves. 

But there was great difference of opinion in regard to the 
exact length of term which would secure all these advantages, 
and not be attended with greater disadvantages. The terms 
proposed varied from three to nine years, and even life terms 
were suggested. But the term of six years was at last agreed 
upon as best compromising the matter. 

In several instances Senators have served four terms in 
succession. 

T. Tote of Senators, in the Congress of the Confed- 
eration it will be remembered that each State, whatever the 
number of its delegates, had but one vote. If only one delegate 
was present the State had no vote ; or, if its delegates were 
equally divided on a question, its vote was lost. In the Senate 
this was changed ; each member votes separately, and his vote 
counts one, the same as in the House of Representatives. 
Thus questions in the Senate are decided by a majority vote of 
the Senators, and not of the States. 

YII. Division into Classes, in order the better to 

secure to the Senate the qualities mentioned above, it was 



THE SENATE. 125 

•arranged to have this body perpetual— to have the terms of its 
members expire at different times. For the accomplishment of 
this, it was provided that, immediately after the assembling of 
the first Congress, the Senators should be divided into three 
classes ; the first class should serve only two 3^ears, the second 
class four years, and the third class six years. Thus one-third 
of the members would retire every second year, and, of course, 
one-third be elected every second year. This provision was 
carried out, by separating the members into three groups, one 
containing seven, and the other two six each, only nineteen 
being present at that time. The two Senators from the same 
State were in every case placed in different groups, in order 
that the seats of both Senators from one State might never be 
vacant at the same time. Then it was determined by lot which 
group should constitute each of the different classes. Of 
course ever after this first arrangement the terms of all Sen- 
ators would be six years, as the Constitution jDrovides. It is 
necessary, however, to make an exception when a new State is 
admitted ; one of the two Senators first chosen serves a shorter 
term than the other, in order that the terms of both may not 
expire at the same time. Which of the two shall serve this 
^shorter term is determined by lot. 

Thus, at the time of every election of a new House of Eepre- 
sentatives, one-third of the Senate is chosen. 

Til. YACANCIES in the Senate. If a vacancy occurs 
in the Senate, when the Legislature of that State in whose 
representation the vacancy occurs is not in session, then the 
Oovernor of that State must appoint some person to act as 
Senator until the Legislature meets and fills the vacancy. But 
if the Legislature is in session at the time the vacancy occurs, 
then by act of Congress, a Senator must be elected in the 
manner already described, and the proceedings must begin on 
the second Tuesday after notice is received of the vacancy. 

The person thus chosen serves only for the remainder of the 
term for which his predecessor was elected. 

Till. Qualifications of Senators. 

1. Ag-e. — A Senator must have reached the age of thirty 
years. 



126 CIVIL GOVERNMENT OF THE UNITED STATES. 

2. Citizensliip. — He must have been nine years a citizen of 
the United States. This requires a fourteen years' residence 
of an alien. 

3. Residence. — He must, when elected, be an inhabitant of 
the State for which he is chosen ; but, as in the case of the 
Eepresentative, residence is required only at the time when li& 

is chosen. 

IX. Officers of the Senate. These are a iwesident, 
secretary, sergeant-at-arms, postmaster, chaiiilain, librarian, and 
doorhee^jer. All these officers except the president are chosen 
by the Senate, but none are members of that body. 

1. President of the Senate. — The Vice-President of the 
United States is president of the Senate. There seem to have 
been various reasons for this arrangement. As he is chosen 
merely to succeed to the Presidency in case that office becomes 
vacant during a Presidential term, as long as the President 
continues in office he would have no duties whatever to j^erform 
were it not for this provision. And as the States have equal 
voice in the Senate, it would seem advisable that no one of 
them be given the greater power which this office would confer. 
Lastly, the Vice-President, being chosen by the whole country 
would naturally be more impartial as presiding officer than if 
representing a single State. 

The Vice-President, not being a member, has no vote in the 
Senate except in the one case where the Senate is equally divided 
on some question. 

As he may be called upon at any time to fill the office of 
President, and as he is sometimes necessarily absent from his 
seat during a session, it is provided that a President pro tempore 
be chosen by the Senate from among its members, to act as 
presiding officer at such times. This is done on the first day 
of the session, or at such other time as desired. This latter 
officer always has a vote the same as any other member; and, in 
case he becomes permanent president of the Senate, his salary 
is increased to that of the Vice-President. 

When the Senate meets on the first day of a new Congress, 
the new Senators take the oath of office before the Vice-Presi- 



THE SEXATE. 127 

dent. Each new Senator is presented at the desk by his 
associate from the same State. 

2. The Secretary.— The duties of this officer are very 
similar to those of the clerk of the House of Representatives, 
with the additional duty of paying the Senator's "salaries. He 
has various clerks under him to assist at his work. 

3. Other Officers.— The other officers have duties similar 
to those of the corresponding officers of the House; but the 
sergeaut-at-arms, unlike that officer of the House, has control 
of the different doorkeepers^ 

X. Power to Try Impeachments. The Senate has 

the sole power to try impeachments. When a case is brought 
before it by. a committee from the lower house, it resolves itself 
into a court, each Senator taking a special oath for the occasion. 
The proceedings in the case are then similar to those of trials 
in other courts. At the close of the trial the Senate votes upon 
the guilt of the accused, a two-thirds vote of those present 
being necessary to convict. This provision was made in order 
to prevent the removal of officers by the vote of a mere majority 
who might be acting from party prejudice. 

When the President of the United States is on trial, the 
Chief Justice jDresides. It would plainly be unjust to allow the 
Vice-President this privilege, as, in case of the removal of 
the President, he would succeed to the office. His own 
interests being thus involved, he might not always conduct the 
trial impartially. In all other cases he j^resides. 

Sentence in case of impeachment is restricted to removal from 
office, and to disqualification to hold and enjoy any office of 
honor, trust, or profit under the United States. The Senate 
can go no further than this, but, if the offense committed is 
one punishable by law, the offender may afterwards be tried 
and punished in a court of law, the same as any private citizen. 

Several cases of impeachment have been tried before the 
Senate; among others, one President, Andrew Johnson, who 
was acquitted. Several Judges and one Secretary of War have 
also been impeached, but most of them were acquitted. 



128 CIVIL GOVERNMENT OF THE UNITED STATES. 

XI. Titles of Members. Both Senators and Represen- 
tatiyes are Members of Congress; but in ordinary speech, 
^^Congressman" or "Member of Congress" is applied to Rep- 
resentatives and seldom to " Senators." Every member of each 
house is addressed as ''Honorable;" and after a Representative's 
name in written addresses, "M. C." is placed; and after a 
Senator's "U. S. S." 



MEETINGS AXD POWERS OF CONGRESS. 129 



JMLKETINOS AND POWERS OE CONGRESS. 

Article I; Section 4. — Elections and Meetings of Congress. 

1. The times, places, and manner of holding elections for Senators and 
Eepresentatives shall be prescribed in each State by the Legislature 
thereof; but the Congress may at any time, by law, make or alter such 
regulations, except as to the places of choosing Senators. 

2. The Congress shall assemble at least once in every year; and such 
meeting shall be on the first Monday in December, unless they shall, by 
law, appoint a different day. 

Article I; Section 5. — Powers and Duties of the Houses. 

1, Each house shall be the judge of the elections, returns and qualifica- 
tions of its own members; and a majority of each shall constitute a quorum 
to do business ; but a smaller number may adjourn from day to day, and 
may be authorized to compel the attendance of absent members, in such 
manner, and under such penalties, as each house may provide, 

2. Each house may determine the rules of its proceedings, punish its 
members for disorderly behavior, and, with the concurrence of two-thirds, 
expel a member, 

I. Election of Senators and Representatites. 

Concerning the times, places, and manner of holding elec- 
tions for Senators and Eepresentatives, it is left for the 
Legislature of each State to prescribe for that particular State. 
But the 230wer is given Congress to make or alter all such regu- 
lations at any time, except as to the j9^«ce of choosing Senators. 
This exception is a wise one, for as the State Legislatures elect 
Senators, it would plainly he an injustice were Congress allowed 
the right of dictating to the several States where their own 
leo-islative bodies should assemble. As we have already seen in 
regard to the time and manner of choosing Senators, Congress 
has exercised the power given it, by prescribing when and how 
this shall be done. 

II. Sessions of Congress. 

1. Regular Sessions.— The Constitution requires at least 
two sessions of a Congress, one each year for the two years. 
9 



130 CIVIL GOVERNMENT OF THE UNITED STATES. 

This provision is final; Congress itself has no power to alter it. 
Thus the business of the Nation will be better attended to than 
if it were left in the power of any individual or body to con vena 
Congress at pleasure. 

In regard, however, to the time of assembling. Congress 
mav, by law, appoint any day it chooses. But unless Congress 
makes different provision, the meeting must be on the first 
Monday in December. This date has been altered by Congress, 
but afterAvard changed back; and now it stands as at first 
prescribed. 

The first session of Congress may continue through a whole 
year if desired, only being closed in time for the second session 
to commence; but the second session must end by noon on the 
fourth day of March following its 'beginning, as at that time a 
new Congress comes into power. Thus the first regular session 
is usually called the long session, and the second the short 
session. 

2. Special Sessions. — Special sessions of either or both 
houses may be called by the President, when in his opinion 
there is business requiring immediate attention. The Fortieth 
Congress had three special sessions, thus making five sessions 
in the two years. 

3o Daily Sessions. — Each daily sitting of Congress is also 
called a session. Both houses meet each day at twelve o'clock 
noon, except when they agree upon a different hour, and con- 
tinue in session usually from four to six hours. It sometimes 
happens, however, and es]3ecially toward the last of a session, 
that the pressure of business is frequently so great as to compel 
one or both houses to remain sitting until after midnight. On 
the last night of a session. Congress often sits till morning. 
While the houses are assembled, over each chamber there 
floats a flag, which is lowered whenevei that particular house 
adjourns. 

Ill, Membership. Power is given each house to judge 
of the elections, returns and qualifications of its own members. 
This is a matter of very great importance to any legislative 
body, in order that it may maintain its independence. Quite 
often there is a contest between opposing candidates as to 



MEETINGS AND POWEES OF COXGEESS. 131 

which one is legally elected to a seat in Congress. There must 
be a power to examine into such disputed cases and give final 
decisions. After the certificates of election are issued by the 
proper State ofificials, their validity is sometimes questioned by 
the opposing candidates; in which case either house may go 
behind the election returns and examine into the whole matter. 

If the final decision where left with each State, it might 
easily happen that the party in power would issue certificates 
to the wrong persons, because such persons held the same 
political views. It might also happen that persons not possess- 
ing the required qualifications would be legally elected and 
take their seats in Congress, unless that body had the power 
of rejecting them. Until the matter is decided, the person 
holding a certificate of election is just as much a member of 
Congress as though there were no question concerning his 
right to membership. 

Special committees are appointed in both houses, to investi- 
gate all these doubtful cases and make reports. 

IT. Quorum, a majority of each house constitutes a 
quorum to do business. If this provision did not exist, a 
scheming minority might, at any time, take advantage of the 
absence of a majority to pass laws in the interest of some few 
individuals, or some small sections, which would be injurious 
to the Kation at large. They might also amend or repeal 
good laws. 

Although less than a quorum cannot transact any of the 
business of the House, two privileges are given them — one the 
power to adjourn from day to day in order to prevent a legal 
dissolution of the body, the other the power to compel the 
attendance of absent members, in such manner and under such 
penalties as each House may provide. Otherwise a number of 
members might agree to remain away altogether, and thus stop 
the whole business of legislation. 

Y. Rules of PROCEDUHE. In order to accomplish its 
work properly and with facility, it is necessary for any delibera- 
tive body to proceed according to orderly and well established 
rules; and no other authority can prescribe a course of pro- 
ceeding so well fitted to its needs as the body itself. There- 



132 CIVIL GOVERNMENT OF THE UNITED STATES. 

fore, the Constitution places the power to determine its own 
rules of proceeding with each house of Congress. Of course 
these rules must in no way conflict with the provisions of the 
Constitution. 

It is the custom, at the beginning of a new Congress, for 
the House of Representatives to adopt the rules of the pre- 
ceding House, and to appoint a committee to consider new 
rules. The rules of procedure followed in making laws will be 
given hereafter. The following are some of the other rules 
and customs of the two Houses of Congress. 

1. Choice of Seats. — In both houses, some seats are much 
more desirable than others; and there must be order in select- 
ing these seats, or many misunderstandings would arise. 

In the House of Representatives^ the members, at each new 
session, remain standing while their names are put into a box 
and drawn out, one by one, by a blind-folded boy. As each 
man's name is drawn, he chooses his seat and sits down. The 
Democrats always take one side of the hall and the Republicans 
the other. 

The Senators select their seats according to a different cus- 
tom. A new Senator takes any seat which happens to be 
vacant, and which will, of course, be one of the j)oorest. But 
if any Senator wishes a seat belonging to some other member, 
he 2:)uts his name down in a book kept for that purpose, as 
being an applicant for that particular seat. As soon as this 
seat becomes vacant, by the final departure of its occujoant, it 
is given to the man whose name is first on the list of those 
desiring it. 

2. Presence of Members. — Every member is required to 
be i^resent during the sittings of his house, unless excused or 
unavoidably prevented. 

3. Conmiittees. — As in the State Legislature, most of the 
work of both houses is first considered by committees appointed 
for that purpose. Here, also, there are both standing and 
special committees. The result of their deliberations is re- 
ported to their respective houses, where final action is taken. 
In very many instances Congress approves or disapjproves 
measures according as the committees recommend in their 



MEETINGS AXD POWERS OF CONGRESS. 133 

reports. :N"either house could accomplish the great amount of 
work required ot it at one session, were it not for this method 
of proceeding. 

The speaker appoints all these committees in the House, and 
tlius has great power in shaping legislation; for, by selecting 
committees on each subject whose views correspond with his 
own, he insures the bringing in of reports satisfactory to him- 
self. He is, therefore, in a certain sense, the most influential 
citizen of the country. There are over fifty standing com- 
mittees in the house; a Committee on election, on ways and 
means, on agriculture, on commerce, etc. 

In the Senate, the Vice-President, not being a member of 
that body, is not allowed the privilege of appointing the com- 
mittees, but all this is done by a special committee selected by 
the senate from among its members. As the senate is a per- 
petual body, its committees change but little from year to 
year. They are arranged so that new members are added as 
old ones leave. The Senator longest on a committee is its 
chairman. There are about thirty committees in the Senate, 
most of them corresponding to the committees of the House. 

4. Leiig-tli of Speeches. — In the House of Re|)resentatives, 
the length of time a member may occupy in speaking is deter- 
mined according to its rules; sometimes it is only five minutes, 
then again an hour or longer; and there are many and various 
arrangements as to the time and manner of speaking. 

In the upper house a Senator may speak as long as he chooses, 
and no one can stop him. This liberty of speech is considered 
of great importance to this body in maintaining its dignit}'. 
Henry Clay once attempted to have a rule made in the Senate 
by which the debate could be stop23ed; but he failed, and the 
attempt has never since been made. There is one indirect 
method, however, by which a debate is sometimes ended; that 
is, by the Senate unanimously agreeing to vote upon a certain 
measure at a fixed time in the future. Sometimes a number of 
Senators ao-ree too:ether to defeat some measure obnoxious to 
them, by talking the whole of the time in which the bill can be 
considered. 



134 CIVIL GOVERNMENT OF THE IJNITED STATES. 

5. Admission of Public. — The public is admitted to all 
debates in the House, and to all in the Senate, with the excep- 
tion of those which consider treaties and the appointment of 
officers. 

6. Liobbying-. — As the public is not admitted to the floor 
of the house, but only to the galleries, whenever any person 
wishes to see a member, he must send a doorkeeper to request 
that member to come out into the halls, or lobbies, as they are 
called. These interviews may be of a perfectly honorable nature, 
but very often their object is to influence, by money or other- 
wise, the votes of the Legislators, in a way that shall result in 
benefit to the persons seeking such interview. Thus the term 
lohbying has arisen, and has come to be used entirely in the 
sense of the disreputable influencing of members. 

TI. Punishment for Disorderly Behavior. We 

have seen that each house has power to make its rules of pro- 
ceedings; but, unless it also possessed the additional power of 
enforcing these rules, they would be of little avail. In times 
of excitement, members may become boisterous and disorderly 
to such an extent as to hinder and even entirely prevent the 
transaction of business. The Constitution gives to Congress 
the power to 2')unish these members for disorderly conduct, in 
whatever way it deems proper. 

Til. Expulsion of ME3IBERS. There may be cases 
where the conduct of a member is so improper as to warrant 
expulsion from the house. Both houses have the power to do 
this; they could not otherwise maintain their dignity and in- 
dependence. But in order to guard against the 230ssibility of a 
bare majority expelling members of the opposite joolitical 
|)arty, merely for party interests, the Constitution requires a 
two-thirds vote for the expulsion of any member. 



POWERS AND PRIVILEGES. 135 



POWERS AMD PRIVILEGES. 

ARTICLE I; Section 5. — Powers and Duties of the Houses, continued. 

3. Each house shall keep a journal of its proceedings, and from time 
to time publish the same, excepting such parts as may, in their judg- 
ment, require secrecy; and the yeas and nays of the members of either 
house, on any question, shall, at the desire of one-fifth of those present, 
be entered on the journal. 

4. Neither house, during the session of Congress, shall, without the 
<;onsent of the other, adjourn for more than three days, nor to any other 
place than that in which the two houses shall be sitting. 

Section 6. — Primleges of and Prohibitions upon Members. 

1. The Senators and Representatives shall receive a compensation for 
their services, to be ascertained by law, and paid out of the treasury of 
the United States. They shall, in all cases except treason, felony and 
l)reach of the peace, be privileged from arrest during their attendance at 
the sessions of their respective houses, and in going to and returning from 
the same ; and for any speech or debate, in either house, they shall not 
be questioned in any other place. 

2. No Senator or Representative shall, during the time for which he 
was elected, be appointed to any civil office under the authority of the 
United States, which shall have been created, or the emoluments whereof 
shall have been increased, during such time; and no person holding any 
office under the United States shall be a member of either house during 
liis continuance in office. 



I. The Journal, in order that there may be no secret 
business transacted, and that the public may have full knowl- 
edge of what its representatives in the law-making department 
of the government are doing, each house is required to keep a 
journal of its proceedings, and to publish the same from time 
to time, except such parts as in their judgment require secrecy. 
There may be proceedings in every legislative body which it 
would be unwise to publish. For instance, during the time of 
war, publication of the measures of Congress might give the 
'enemy knowledge that would prove disastrous to our cause. 



136 CIVIL GOVERNMENT OF THE UNITED STATES. 

Therefore it is left to the discretion of each house as to what 
part of its transactions shall be kept secret. 

Publication of ]3roceedings acts as a check on hasty or un- 
wise legislation; each member knows that his record is then 
within reach of the knowledge of every person in the land, as 
well as future generations. In addition, it places all measures 
in shape convenient for future reference, which is often neces- 
sary in transacting business connected with past legislation. 

Besides this journal, an official newspaper, called the Con- 
gressional Record, is printed daily by Congress. This contains 
an account of everything done and said in Congress the day 
before. In it appear, also, speeches of Senators and Repre- 
sentatives which have never been delivered in either house. 
This practice arose from the desire of members to appear on 
record in the public discussions, and from the lack of time for 
all to be personally heard. 

A government jirinting office is controlled by Congress, to 
print this paper and all public documents, including the 
President's messages. The public printer is appointed by the 
President. 

II. Recording Yeas and Nays. Whenever one-fifth 

of the members present in either house desire it, the yeas and 
nays of the members of that house on any question must be 
entered on the journal. The object of this is that a record 
may be made of the vote of each one, and the members thus be 
called to account by those whom they represent.. This record 
also shows what persons are absent at such times, which is quite 
an important matter for the people to know. Sometimes mem- 
bers absent themselves to avoid responsibility m voting. 

The calling of the roll which must be done in order to get 
the vote of eacli one separately and record it, consumes a great 
amount of time, especially in the House of Representatives; 
and, on this account, the power of demanding a roll call is 
often greatly abused. When a few men wish to hinder action 
upon some bill to which they are opposed, they succeed in 
getting one-fifth of the members to vote for a roll call; and, as 
soon as this is finished, to demand another roll call on some 
trifling point; and so on until all the time is consumed in whick 



POWERS AND PRIVILEGES. 137 

tlie bill could be considered, and the members from sheer 
exhaustion vote to adjourn. This is one form of what is called 
filihustering; and it is often kei:;t up all night, and for days in 
succession. In this way it is possible for a small minority to 
defeat a bill which the majority desire passed. 

III. Adjournment. If it were left entirely within the 
power of either house to adjourn for any length of time, and 
to any i3lace, legislation might be seriously hindered, and even 
brought to an end, by one house adjourning indefinitely, or 
adjourning from place to place, and compelling the other to 
follow it about. As a minority has power to adjourn, this 
might be done in the absence of a majority. But to prevent 
such a possibility, the Constitution declares that neither house 
during a session of Congress, shall adjourn for more than three 
days Avithout the consent of the other house; nor to any other 
place than that in which the two houses shall be sitting. 
Either house, if it wishes to take a recess, may adjourn at any 
time, provided the recess does not continue more than three 
days. 

For an adjournment of any length, both houses must agree 
upon the time of separating and the time of meeting again. 
In case they cannot come to an agreement, as we shall see 
hereafter, the President has the power to adjourn them; but 
this has never yet happened. 

IT. Salary of Members. 

1. Why Paid. — The authors of the Constitution disagreed 
on the question of allowing salaries to Senators and Represen- 
tatives. A part believed that there should be no compensation 
in order that unprincipled persons might not seek the oflSce 
merely for the pay, and thus keep out men of high character 
and attainments. The remainder contended that such an 
arrano-ement would close the doors of the N"ational Legislature 
on all poor men, no matter what their w^orth and ability; that 
Congress would become an aristocratic body, an assembly of 
wealthy men only. This, they declared, would be opposed to 
every principle of democracy. These latter arguments pre- 
vailed, and salaries were allowed. 



138 CIVIL GOVERNMENT OF THE UNITED STATES. 

2. How Paid. — It was thought best to pay these salaries 
from the K^ational treasury, in order to make the members 
sufficiently independent of State influences to freely consider the 
interests of the Nation at large. Besides prompt payment 
would thus be insured. Under the Confederation, the States 
paid their members of Congress, and there was often great 
delay and reluctance in the matter. 

3. Tlie Amount Paid. — The compensation of Senators 
and Eepresentatives is determined by law; that is, by the 
members themselves. This is another wise provision, for the 
salary which years ago might have been amply large, at 
the present time would be insufficient to cover the bare cost of 
living. At first the salary of members of both houses was fixed 
at six dollars per day, with certain mileage allowed. It has 
been increased many times since then, until it has reached the 
sum of $5,000 per anniim. The speaker of the House and the 
president of the Senate are paid $8,000 each. Every member 
is also allowed $125 a year for postage, stationery and news- 
papers, and mileage at the rate of twenty cents for every mile 
of travel, by the usual route, in going and coming between his 
home and Washington at a session of Congress. 

Although Congress has unlimited power in fixing the salaries 
of its members, it has learned by experience the advisability of 
keeping within certain limits. In 1873 the salary Vv\as raised, 
by Act of Congress, from $5,000 to $7,500; but the people ex- 
pressed such decided displeasure that the law was afterward 
re23ealed. 

T. Freedom from Arrest. Senators and Eepresenta- 
tives, while they are in attendance at the sessions of their 
respective houses, and while they are going to or returning 
from these sessions, cannot be arrested, excej^t for crime. 
Treason, felony and breach of the peace include all criminal 
offenses; hence their freedom from arrest extends only to 
actions in civil cases. If it were not for this provision, jDolitical 
enemies might, at any time, cause the arrest and detention of 
members of Congress until they could prove the falsity of the 
charges against them; and this could be done at times when 



POWERS AND PKIVILEGES. 139 

their absence would be particularly beneficial to tlie opposing 
party, by giving it opportunity to pass certain laws in its own 
interests. 

TI. Freedom of Speech. Members of Congress are free 
to say whatever they please in either house, and cannot be 
questioned, that is, legally called to account for it, in any other 
place. It is for the interests of the Nation that its legislative 
body have perfect knowledge of all measures and of all indi- 
viduals coming within the sphere of its action. In order to 
gain this knowledge, it is necessary that members be free to 
impart any information they may have, and to express individual 
opinions concerning these matters. If they were liable to 
j}rosecution for statements made in Congress, fear of thus 
being called to account would prevent many from a full expres- 
sion of their views. Of course, if members become violent in 
speech and make untrue and disgraceful charges against their 
associates or others, they may be compelled to publicly apolo- 
gize or may be expelled. 

Til, Prohibitions upon Members. If a new office is 

created, or the salary attached to any existing office is raised, 
no person who is a member of either house at the time this is 
done can, during the time for which he was elected, be 
appointed to such office. If this were otherwise, new and 
lucrative offices might be created, and the salaries of others 
greatly increased, in order that members instrumental in 
accomplishing the measures might resign their seats and be 
appointed to such offices. 

Besides this, no person holding an office under the United 
States can, during the time he continues in office, be a mem- 
ber of either house of Congress. He may be a State officer and 
at the same time a member of Congress, unless the State 
constitution forbids; but he cannot draw two salaries from the 
National treasury at the same time. Thus the President cannot 
select, for his cabinet, members of Congress, and by that means 
acquire infxuence in the Legislature, as is the case of the 
English government. 



140 CIVIL GOYEENMENT OF THE UNITED STATES. 



IVIODK OK PASSING J^A.W&, 

Article I.; Section 7. — Mode of Passing Laws. 

1. All bills for raising revenue shall originate in the House of Repre- 
sentatives; but the Senate may propose or concur with amendments, as 
on other bills. 

2. Every bill which shall have passed the House of Representatives 
and the Senate shall, before it become a law, be presented to the Presi- 
dent of the United States; if he approve, he shall sign it; but if not, he 
shall return it, with his objections, to that house in which it shall have 
originated, who shall enter the objections at large on their journal, and 
proceed to reconsider it. If, after such reconsideration, two-thirds of 
that house shall agree to pass the bill, it shall be sent, together with the 
objections, to the other house, by which it shall likewise be reconsidered, 
and if approved by two-thirds of that house, it shall become a law. But 
in all such cases the votes of both houses shall be determined by yeas 
and nays, and.the names of the persons voting for and against the bill 
shall be entered on the journal of each house respectively. If any bill 
shall not be returned by the President within ten days (Sundays excepted) 
after it shall have been presented to him, the same shall be a law in like 
manner as if he had signed it, unless the Congress, by their adjourn- 
ment, prevent its return, in which case it shall not be a law. 

3. Every order, resolution or vote to which the concurrence of the 
Senate and the House of Representatives may be necessary (except on a 
question of adjournment) shall be presented to the President of the 
United States; and before the same shall take effect, shall be approved by 
him, or being disapproved by him, shall be repassed by two-thirds of the 
Senate and House of Representatives, according to the rules and limita- 
tions prescribed in the case of a bill. 



I. RETENUE Bills, ah bills by which money is raised 
for the government, either by direct or indirect taxation, must 
originate in the House of Representatiyes, and never in the 
Senate. As the people pay the taxes, it is appropriate that 
the body which directly represents them should have the 
privilege of proposing all such laws. This is in imitation of 
the British House of Commons. 



MODE OF PASSIXG LAWS. 141 

After these bills are passed bj the House, the Senate may 
propose amendments to them, and, of course, may pass or 
reject the bills themselves, or any amendments which may be 
IDroposed by the House. 

11. Mode of Passing Laws. 

1. Origin and Introduction of Bills.— All other than 
revenue bills may originate in either House of Congress. Any 
member may introduce a bill of his own making, or one given 
him by others for introduction. As all the laws of Congress 
pass through the same stages, by following the course of a 
single bill, we shall have acquired a general knowledge of law- 
making. Let us take, for example, a bill introduced by a 
Eepresentative. The Speaker of the House refers it to the 
proper committee, and the clerk of the House takes the written 
bill and hands it to the clerk of that committee. 

2. "Work of Committee. — The members of the committee 
then proceed at their convenience to consider the bill in their 
room for private consultation; after which, some one of them 
reports their decision to the House. Each committee has a 
l^articular day for making these re]3orts, which usually take 
precedence over all other business. 

3. Printing- tlie Bill. — If the committee brings in a report 
favorable to the measure, the clerk has the bill printed, and 
copies distributed among the members. 

4. First and Second Reading's. — The bill is then read to 
the House twice, on separate days; or, if there is any haste 
about the matter, the House may order the two readings on 
the same day. But if a single member objects to this, the 
readings must be on se|)arate days. 

5. Debate and Amendment. — After the second reading 
the House proceeds to debate the bill, and to make amend- 
ments, if desired. 

6. Engrossing' the Bill. — The clerk then writes it out in a 
round, distinct hand, on a large sheet of paper. This is called 
engrossing the bill. 

7. Tliird Reading. — After the bill is engrossed, it is read 
for ^the third time by the clerk. This reading may be on the 



14:2 CIVIL GOVERNMENT OF THE UNITED STATES. 

same day as the other two, if the House so orders, and no 
member objects. Otherwise the three readings must be on 
three separate days. 

8. Voting-. — xlfter the third reading the question is voted 
upon. This is done in different ways. Following one method, 
the speaker puts the question to the House, by asking all those 
in favor of the bill to say "aye," and afterward all those 
opposed to say "no." Then he decides by the sound which 
side receives the most votes. But, unless there is a most de- 
cided difference between the two sides, this is a very uncertain 
way of settling a question. 

Another method is for the speaker to first ask all those in 
favor of the bill to rise and be counted, and then all who are 
opposed to it. 

Of course, if on any vote one-fifth of the members desire it, 
the roll must be called, and the yeas and nays recorded. 

Still another method, called voting by tellers, is sometimes 
used in the House, but never in the Senate. The speaker 
selects two men, one representing each side of the question, 
who take their places in the open space before his desk. All 
the other members then pass between them, and are counted. 
First those in favor of the question file past, and the tellers 
count them, touching each one on the back. Then those 
opposed are counted in the same manner, and the result is 
reported to the speaker. 

9. Tlie Bill taken to tlie Senate. — If the House passes 
the bill, the clerk takes it to the Senate Chamber, and there 
formally announces that the House has passed the bill and 
desires the Senate to agree with them. 

10. Proceeding's of the Senate. — ISTearly the same steps 
are then taken in the Senate as have been in the House. The 
president of the Senate refers the bill to the proper committee, 
who considers it carefully and reports it to the Senate. It is 
then read twice by the secretary, on different days, after which 
it is debated. It may then be amended, by adding to or taking 
from it. If any amendments are made, they are engrossed, 
and the bill is read the third time and voted upon. 



MODE OF PASSING LAWS. 143 

11. Return of the Bill to the House.— If passed by the 
Senate, the bill is carried back to the House by the secretary, 
and the fact announced that the bill has been passed, either 
with or without amendments. 

12. Further Debate hy the House.— If amendments 
have been made by the Senate, the House proceeds to debate 
them; but the original bill, having once been debated by the 
House, is not again discussed there. 

13. Enrolling- the Bill,— When the House has adopted 
these amendments by the Senate, if there were any, the clerk 
so informs the Senate, and the bill is handed over to the com- 
mittee on enrolled bills. This committee causes it to be en- 
rolled; that is, written out accurately in a large, plain hand, 
on parchment. 

14. Sig-natures of the Presiding Officers, — The speaker 
of the House then signs this parchment copy, and informs the 
House of his action. The clerk carries it to the Senate, and 
there announces that the speaker has signed the enrolled bill. 
The president of the Senate then signs it, and informs the 
Senate of his action, after which the bill is returned to the 
House. 

15. Signature of the President. — ISText it is carried by 
the committee on enrolled bills to the President of the United 
States. If he approves it, he adds his signature, and sends 
his private secretary to the House to announce the fact. The 
President, in person, carries the bill, which has now become a 
law, to the Secretary of State, who first has a copy made for 
the public printer, and then has the parchment carefully de- 
posited among the public archives of the Department of State. 

16. President's Veto, — But, if the President of the United 
States does not approve the bill, he returns it to the House, 
because it originated there, with a message stating his reasons 
for not signing it. These are entered on the journal of the 
House. 

IT. Passage Over the Veto. — The bill, although vetoed, 
may still become a law. Upon its reconsideration by both 
houses, if two-thirds of each house vote in favor of its passage. 



144 CIYIL GOVERNMENT OF THE UNITED STATES. 

it then becomes a law without the President's signature. 
When this vote is taken, the Constitution proyides that it 
must always be by yeas and nays, and the names of all persons 
Toting for and against the bill must be entered on the journal 
of each house respectively. 

18. Return of Bill within Ten Daj s. — If the President 
does not return a bill within ten days, Sundays excepted, after 
it is presented to him, it becomes a law without his signature, 
unless Congress in the mean time adjourn, and thus prevent 
its return. In such case it does not become a law. This is 
provided to prevent the President from defeating legislation 
by keeping bills in his possession. Also, if he does not exactly 
approve a bill, and yet does not care to veto it, he may, by 
keeping it beyond the ten days, cause it to become a law with- 
out the approval which his signature would indicate. But, in 
case Congress adjourns in less than ten days after presenting 
him with a bill, then it cannot become a law without his signa- 
ture, no matter how long he keeps it. If this were not so, 
Congress might adjourn immediately after sending the bill to 
him, in order to prevent its return with objections; and thus 
it would become a law without any reference to the President's 
wishes. 

In case Congress does adjourn within ten days after present- 
ing a bill to the President, then the latter, if he does not wish 
it to become a law, may sim^oly leave it unsigned. The bill is 
then said to be ^'2^^<^^®^^^-" 

19. Conference Committees. — It sometimes happens that 
the two houses cannot agree on certain points in a bill. A 
conference committee, composed of members from both houses, 
is then selected by the presiding ofi&cers. This committe con- 
fers u^Don the disputed jDoints, and, if j)ossible, comes to some 
-agreement. Their report is usually accepted by both houses. 

20. Bills Originating- in tlie Senate. — Bills originating 
in tlie Senate go through exactly the same process as those 
originating in the House, except that the work of the Senate 
precedes that of the House in all the different stages. Also, 
instead of the clerk of the House, the secretary of the Senate 
has the bill in charge. 



MODE OF PASSING LAWS. I45 



10 



146 CIVIL GOVERNMENT OF THE UNITED STATES. 



POWERS GRANTKD TO CONGRESS. 

Article I; Section 8. — Powers Granted to Congress. 

The Congress shall have power ; 

1. To lay and collect taxes, duties, imposts and excises; to pay the 
debts and provide for the common defense and general welfare of the 
United States; but all duties, imposts and excises shall be uniform 
throughout the United States; 

2. To borrow money on the credit of the Unitied States; 

3. To regulate commerce with foreign nations, and among the several 
States, and with the Indian tribes. 



I. Party DITISIONS. The question of how the govern- 
mental powers should be distributed between the Xation and 
the States, divided the Constitutional Convention into two par- 
ties. One party strongly favored giving large powers to the 
National Government, while the other as strongly desired that 
the States should retain the largest proportion of power, giving 
up only such part as would insure the existence of a National 
Government. Thus it was necessary that the powers surren- 
dered by the States should be minutely enumerated in the 
Constitution, in order that it might always be understood just 
what the President and Congress are authorized to do. 

Ever since the framing of the Constitution, the people have 
been divided into political parties over the question of its inter- 
pretation. One party, believing in a strict construction, has 
favored State legislation rather than Congressional; while the 
other party, believing in a liberal construction, has advocated 
giving all |)ossible legislative power to Congress, thus limiting 
that of the States. 

II. Power of Taxation. 

1. Its Necessity. — We have only to recall the history of 
the Confederation to know how any government must end 
which does not possess the power of raising money to meet its 



POWERS GRANTED TO CONGRESS. 147 

expenses. The authors of the Constitution understood this, 
and gave to Congress full power to lay and collect all necessary 
taxes. As it is a principle of free government that the people 
cannot be taxed without their consent, this power was placed 
in the hands of Congress, the department which directly car- 
ries out the people's will. 

2. Kinds of Taxes. — As we have already seen, taxes are 
of two general kinds, direct and indirect. The words taxes, 
duties, imjoosts and excises, as used in the Constitution, do not 
mean four distinct and different things, but simply cover all 
the usual methods of taxation. The meaning of these words 
varies considerably, and it is impossible to give exact definitions 
of them. We will simply define them as generally used. 

1. Direct Taxes. — The word taxes, as used in the clause 
under consideration, refers to direct taxes. Previous to the 
commencement of the Civil War, direct taxes were laid bat 
four times by the National Government. Subsequently they 
were levied for a few years, in order to pay the enormous 
expenses of the war. 

2. Indirect Taxes furnish in great ]3art the National revenue. 
Duties, imposts and excises cover all kinds of indirect taxation; 
but, as commonly used, duties and imposts refer simply to the 
taxes on goods imported from foreign countries. Further on, 
the Constitution forbids the laying of taxes on exported goods, 
otherwise these terms would also cover such taxes. Another 
word of similar meaning, namely, customs, has come to be 
generally used. Duties on imported goods are of two kinds, 
specific and ad valorem. 

A specific duty is a tax levied on goods according to their 
quantity or weight, without regard to their value; as six cents 
on a pound of coffee, one dollar on a yard of silk, and thirty 
cents on a gallon of molasses. 

Ad valorem is from the Latin, ad and valorem, signifying 
according to the value; hence an ad valorem duty is a tax laid 
on articles according to their value; as, twenty-five per cent, 
on the cost of a quantity of silks, or forty per cent, on the cost 
of a case of diamond rings. This duty is always computed on 
the cost of the goods in the country where they were pur- 
chased. 



148 CIVIL GOVERNMENT OF THE UNITED STATES. 

A tariff is a list or table of goods, with, the duties to be paid 
for the same on their importation. 

Excises are taxes laid on articles manufactured and used 
within the country, and also on various kinds of business. 
Tliese taxes make up our internal revenue. They are chiefly 
laid on the manufacture and sale of tobacco and alcoholic 
liquors, and on national banks, which pay a tax of one per cent. 
|)er annum on their average circulation. Moneys paid for 
licenses to deal in any commodities are excise taxes. 

3. Collection of Taxes. — Indirect taxes, collected under 
authority of the Federal G-overnment, are nearly all paid at the 
custom-houses and internal revenue offices of the country, 
under the direction of the treasury department*. The bank 
tax may be paid at any United States depository; that is, any 
bank designated by the government according to law to receive 
and hold, its funds. 

Duties are collected at the custom-houses, located at certain 
j)orts along the coast, called ports of entry. The States are 
divided into collection districts, and an officer, called a collector 
of customs, appointed by the President for each district. A 
vessel must first come to one of these ports, and its master 
deliver a statement concerning the cargo. Then an examina- 
tion is made of the cargo and an estimate given of the duties 
to be paid. These must be paid to the collector, or ample 
security given, before he will grant the necessary permit for 
unloading and delivering the goods. If the duties are not j)aid 
the collector seizes the goods, which are then forfeited to the 
government. 

In the case of ad valorem duties, the owner of the merchan- 
dise is required to swear to the accuracy of his bill of goods; 
that is, the cost of the goods where purchased. If he makes 
a false statement, and the fraud is detected, his goods are for- 
feited to the United States, and he himself may be punished. 

Many times goods are secretly landed, or are concealed to 
avoid paying duties. This is called smuggling; and if a person 
is detected at this, his goods are forfeited to the government 
and punishment inflicted upon himself. The government has 
small, swift-sailing steam vessels, called revenue cutters, which 



POWERS GRANTED TO CONGRESS. 149 

are used at the principal ports to assist in enforcing the revenue 
laws. 

Excise taxes are paid to officers of the internal revenue. 

4. Objects of Taxation.— The objects for which Congress 
may levy these taxes are : 

1. To pay the public debt of the United States. 

2. To provide for the common defense of the country. 

3. To provide for the general welfare. 

Thus no taxes can be laid except for purposes of interest to 
the :N'ation at large. The first two objects limit the outlay of 
taxes to exact channels; the last, "for the general welfare/' 
is broad in its signification, and gives Congress large discre- 
tionary power. 

5. Uniformity of Taxation. — All duties, imposts, and 
excises must be uniform throughout the United States. A 
previous provision makes direct taxes uniform, by directing 
that they be laid according to the^ population. This clause 
declares that indirect taxes shall also be uniform. Thus no 
State and no individual can ever be compelled to pay more 
than a just share of the National taxes. 

III. Power to Borrow Money. Congress is given the 
power to borrow money on the credit of the United States. 
Unexpected emergencies may arise in which the ordinary slow 
methods of taxation would not bring in money in time for the 
sudden demand. Also the amount that could be thus raised 
might not be sufficient to meet the unusual expenses. Without 
this 230wer .of borrowing money, the government at such times 
would be helj^less. 

In our wars with Great Britain and Mexico, it was necessary 
to borrow large sums of money; and in the Civil War the public 
debt reached nearly the sum of $3,000,000,000. The govern- 
ment issues bonds for the borrowed money, called Government 
Bonds; and the credit of the United States is considered so 
good that these bonds are in great demand as investments, and 
sell for more than their face value, although many of them 
bear very low rates of interest. 



150 CIVIL GOVERNMENT OF THE UNITED STATES. 

IT. Power to Regulate Commerce. Previous to the 

formation of the Constitution, the commerce had fallen into 
a most deplorable condition. Congress had no power at all in 
the matter; and the States^ possessing unlimited power, made 
all manner of regulations, each pursuing its own interests and 
jealous of all its neighbors. Therefore in the Constitutional 
Convention, ready consent was given to place with Congress 
the whole power of regulating commerce. 

Commerce With Foreign" Nations and Among the Sev- 
eral States. 

1. Duties. — We have just seen that the government has 
power to lay taxes on imported goods for the purpose of paying 
governmental expenses. By this j^rovision, giving it power to 
regulate commerce, Congress could also lay duties to any 
amount considered necessary. Under the Confederation, for- 
eign nations, particularly Great Britain, imposed heavy duties 
on goods taken into their markets from this country. That 
proved an injury to our people, by jDreventing the sale of our 
commodities there. For example, if a bushel of corn sells for 
seventy-five cents in England, and a bushel can be raised here 
and taken there and sold for the same price, then we have an 
equal chance with the English merchant in selling corn there; 
but if England should j)lace a duty of fifteen cents a bushel on 
corn sent from here, we would be obliged to sell for ninety 
cents a bushel; and of course, as the English corn could be 
purchased for seventy-five cents, we would be shut out of the 
market. When the power to regulate commerce was given to 
Congress, that body retaliated, by placing duties on articles 
which England sent here. This was done in order to force 
Great Britain to abandon her policy. 

It was also thought that duties on imports would protect the 
commercial interests of our country, by shutting out foreign 
manufactures and thus encouraging our own manufacturing 
interests. This policy the United States Government has 
since pursued. 

2. Keg-istering- Vessels. — Vessels built and owned in this 
country may be registered on the collector's book as American 



POWERS GRANTED TO CONGRESS. 151 

Tessels. A vessel thus registered is entitled to the full protec- 
tion of this government; and, if it is seized or injured in any 
place, the United States Government is bound to demand satis- 
faction of the government whose subjects or citizens have com- 
mitted the wrong. All American vessels may engage in coast 
trade here, but foreign vessels are prohibited from such 
privilege. 

3. Clearance and Entry. — "Whenever a vessel, whether for- 
eign or domestic, leaves a port, the master must obtain from 
the collector a certificate stating that all the fees have been 
duly paid, and all other provisions of the law observed. This 
is called a clearance. When the vessel arrives at a port, the 
master must report its arrival, give information of its cargo, 
and deliver up to the collector the clearance. This is called 
entering the vessel. 

4e Navigation. — Congress also, in the interest of com- 
merce, passes laws for constructing light-houses and piers; for 
providing signal and life-saving stations along the coast; for 
placing buoys and beacons; for removing obstructions from 
bays and rivers; for regulating the number of passengers that 
may be carried by vessels, and the measures that must betaken 
for their health and safety; and for lessening the dangers of 
navigation in many other ways. 

C03I]MERCE WITH IkDIAI^S. 

1. Why Reg'ulated by Congress. — When there was no 
uniformity of traffic with the Indians, constant difficulties 
arose. The Indians were often wronged, and, in consequence, 
committed many murders and depredations. It was believed 
that by a uniform system of commerce, their rights would be 
better protected, and many of the difficulties prevented. 



152 civil government of the united states. 

ThIRTY-SKCOjMD IvKSSON. 



POWERS GRANTKD TO CONGRKSS. 

ARTICLE I; Section 8. — Powers Granted to Congress, continued. 

4. To establish a uniform rule of naturalization, and uniform laws on 
the subject of bankruptcies, throughout the United States; 

5. To coin money, regulate the value thereof and of foreign coin, and 
fix the standard of weights and measures; 

6. To provide for the punishment of counterfeiting the securities and 
current coin of the United States; 

7. To establish post-offices and post- roads; 

8. To promote the progress of science and useful arts, by securing, for 
limited times, to authors and inventors, the exclusive right to their re- 
spective writings and discoveries; 

9. To constitute tribunals inferior to the Supreme Court. 



I. Naturalization. 

1. Definition. — ]Vaturalizafio7i is the legal process by which 
an alien or foreigner becomes invested with the rights of a citi- 
zen. In the United States this gives him all the privileges of 
a native born subject, except eligibility to the presidency and 
vice-presidency. 

2. Uniformity of L«aws. — Congress is given exclusive 
power to pass laws regulating naturalization. This, like most 
of the provisions of the Constitution, was made in order to 
correct an error of the Confederation, which left all such 
power to the individual States, and gave rise to much difficulty 
on account of the diversity of their laws. Congress has estab- 
ished a uniform rule, by which an alien may become a natural- 
ized citizen of the United States, as also of the State or terri- 
tory in which he resides at the time, and of any State or 
territory to which he may remove. 

3. Laws of Naturalization. — No alien can be compelled 
to become a citizen of the United States; but, if he so desires, 
after having resided here five years, he may become one. The 
following is the process: 



POWERS GRANTED TO CONGRESS. 153 

. 1. He must make oath or affirmation, before a court, that 
he intends to become a citizen of the United States, and to re- 
nounce forever all allegiance to any other government. This 
declaration of intention, as it is called, must be made at least 
two years before the final steps are taken. It may be made 
upon his first arrival; but, of course, he Avould have to wait 
until the end of the required five years to receive his naturaliza- 
tion papers. 

2. When the necessary length of time has expired, he must 
prove satifactorily to the court that he has resided five years 
in the United States, and one year in i>he State or territory in 
which the court is held. He must then make oath or affirma- 
tion that he voluntarily renounces forever all allegiance to any 
foreign government, and particularly the one of which he has 
before been a subject, and that he will support the Constitution 
of the United States. He is also required to renounce any 
title of nobility he may have. 

3. There is one exception to this rule. A soldier may be- 
come a citizen of the United States, if he is twenty-one or 
more years of age, has served one year in the United States 
army, and received an honorable discharge, and makes the 
proper oath of allegiance to our government. The fact of his 
wishing to defend the country is thought to be sufficient evi- 
dence of his good faith in becoming a citizen. 

4. Children born in foreign countries, whose parents are 
citizens of the United States, are American citizens. The 
children of naturalized parents are citizens of the United 
States, provided they were under the age of twenty-one years 
at the time their parents were naturalized. 

II. Bankruptcy. When a person is unable to pay his 
debts, he is said to be hanlhruipt; and a law which releases a 
debtor from all future payment of such debts, ujion his giving 
up his entire property to his creditors, is called a iankrtqjt laiv. 

The object of bankrupt law is two-fold: 

1. To satisfy creditors, as far as the entire property of the 
debtor will do so. 

2. To relieve an honest but unfortunate debtor from liability 
to imprisonment and secure to him his future earnings, in. 



154 CIVIL GOVERNMENT OF THE UNITED STATES. 

order that lie may be encouraged to commence business 

anew. 

Congress is given full power to make uniform bankrupt laws 

and four times has exercised the right, the last law going into 

effect July 1, 1898. In the first three cases the general opinion 

seemed to be that the laws worked in favor of dishonest debtors, 

by allowing them to escape from the payment of their just debts. 

These laws were therefore each time, after a brief interval, 

repealed. 

Many of the States have passed bankrupt laws of their own, 

ivhicli they areireB to do as long as Congress does not exercise 

its right; but at anytime when Congress j^asses bankrupt laws, 

those State laws which in any way conflict become void. • 

III. Coinage of Money. Congress alone has the power 

to coin money, and to regulate its value and that of foreign 
coins. The coining of money in every country is an exclusive 
privilege of sovereignty. The power here is placed with Con- 
gress, the representatives of the sovereign people. Exercising 
this power, Congress has passed laws by which our Nation has 
a uniform and convenient decimal currency. 

Congress also, besides coining and regulating the value of 
our own mone}^, fixes the value of foreign coins; that is, it 
determines what amount of our money foreign coins shall equal. 
If this were not so, different States might fix different values for 
the same foreign coins, thereby causing great wrong and 
confusion. 

As is well known, coin is not the only form of money in cir- 
culation in this country. It is very largely used in the Pacific 
States; but otherwise the great volume of our circulating 
medium consists of paper money, which has come to be gener- 
ally referred to as currency. This comprises national bank 
bills or notes, ordinarily called national currency, United States 
treasury notes, poj^ularly known as greenhachs, and gold and 
silver certificates. Of these, gold coin, silver dollars and 
greenbacks are legal tender; that is, if a creditor demands it, 
the debt, if over ten dollars, must be paid in some one of these 
forms of money. Silver coins below one dollar in value are 
legal tender in sums of not more than ten dollars, and copjDer 
and nickel coins in sums of not more than twenty-five cents. 



POWERS GRANTED TO CONGRESS. 155 

IT. Weights and Measures. The power is also given 

€ongTess to fix the standard of weights and measures; but it 
has never yet exercised this power. The States, therefore, can 
adopt their own standards. Congress has, however, obtained 
accurate copies of the English standards and adopted them for 
use in the custom-houses of the country. It has also legalized 
the metric system, but has not made its use obligatory. This 
system is little used except by scientific men. 

In 1836 the United States government sent each State a full 
.set of weights and measures as used in the custom-house. 
These have been adopted by the States as their standards, so 
that we have a uniform standard throughout the country. 
This is very necessary for convenience m trade, and without it 
there would be great embarrassment. 

Y. Counterfeiting. The power is given Congress to 
punish the counterfeiting of the securities and current coin of 
the United States. By securities is meant bonds, treasury 
notes, and other evidences of indebtedness of the United States 
Government. 

If Congress could not inflict punishment for this crime, 
there w^ould soon be so much spurious com and securities in 
circulation that the genuine ones would become w^orthless, 
and people would be afraid to use money as a medium of ex- 
change. Therefore laws have been passed on this subject, by 
wdiich counterfeiting either domestic or foreign coin and 
securities is punished by heavy fines and long terms of im- 
j)risonment. 

YI. POST-OFFICES and Post-Roads. Were the indi- 
vidual States left to regulate their own postal systems, the 
confusion and delay that would result in the transmission of 
our vast amount of mails would be of the greatest injury to 
both 'the private business and public interests of the people. 
It was wisely left with a single power. Congress, to exercise 
control over this department. Its general management is 
placed in the hands of the Postmaster-General, and the sub- 
ject will be further discussed in connection with that officer. 

A post-road is one over which the mail is carried; and any 
railroad, river, canal, pony trail or wagon route becomes a post- 



156 CIVIL GOVERNMENT OF THE UNITED STATES. 

road when proyision is made by the government for the carry- 
ing of mail upon or over it. Congress has not found it neces- 
sary, except in rare instances, to establish post-roads, the roads, 
opened by the inhabitants of the country having been, in 
general, sufficient. It has, however, often appropriated money 
for building bridges and making other improvements. 

YII. Protection of Authors and Inventors. Tha 

progress of science and the useful arts is promoted by new 
books and new inventions. But poor men could not afford to 
spend their time and labor in writing new books and making 
new inventions, and few rich men would care to do so, if any- 
one could print and sell their books, or manufacture and sell 
their inventions, and thus take from them the reward of their 
labors. 

The power to regulate this matter was given to Congress, 
because no State had power to punish infringement outside its 
limits. Congress has, therefore, enacted copyright and patent 
laws, by which authors and inventors have secured to them, 
for limited times, the exclusive right to their writings and dis- 
coveries. 

But Congress can only secure this right for limited times. 
To give authors and inventors the sole right to their works for 
unlimited periods of time would tend to check the progress of 
literature and invention, by establishing continuous monopolies. 

1. Copyrig-lits. — An author of a book, map, engraving, 
chart, j)hotograph, dramatic or musical composition, print, 
cut, painting, drawing, chromo, statute, statutary, model, or 
design for a work of the fine arts, may, if he desires, with very 
little trouble and expense, secure a copyright for his pro- 
duction. This copyright gives him the sole right to print, 
publisli and sell his literary production, or multiply and sell, 
copies of his work of art, for the term of twenty-eight years. 
At the expiration of that time, the copyright may be renewed 
for an additional term of fourteen years, either by the author,, 
or, in case of his decease, by his living representatives. 
The method of securing a copyright is as follows: 
1. Before publication, a printed copy of the title of the 
book, map, chart, dramatic or musical composition, engraving. 



POWERS GRANTED TO CONGRESS. 157 

cut, print, or photograph, or a description of the painting, 
drawing, chromo, statute, statuary, model, or design, must be 
,sent to the Librarian of Congress, Washington, D. C, together 
with a fee of fifty cents. This is all the charge for securing a 
copyright. 

2. Kot later than the day of publication, two copies of the 
work must be sent to the same official. In the case of a print, 
•drawing, statute, statuary, model, or design for a work of the 
fine arts, a photograph of the same must be sent. 

3. Notice of copyright must appear on the title page, or the 
page following, of every copy of a book, and upon a yisible 
]:)ortion of every other article, by inscribing there either of the 
two following forms: 

Entered according to Act of Congress, in the year , by 



, in the office of the Librarian of Congress, at Washington; or 



Copyright by 

2. Patents. — A imtent is the sole right to make, use or sell 
a new invention. Letters 'patent are the oflScial documents 
granting a patent. Patents are granted by the United States 
government for four classes of inventions: a new or useful art, 
machine, manufacture, or composition of matter, also any 
new and useful improvement on such. 

In securing a patent there is much more to be done than in 
the case of a copyright; and the expense is much greater. 

First, an application in writing, signed by the inventor, 
must be sent to the Commissioner of Patents, Washington, 
D. 0. The applicant must give a full description of the 
invention, and send drawings and models in cases that admit 
of them, and specimens of each ingredient in cases of compo- 
.sition of matter. He must distinctly state what improvement 
he claims as his own discovery. 

The discovery or invention must not have been in public use 
or on sale for more than two years before making the applica- 
tion. Examination is made at the patent office, by clerks or 
examiners, to see if the invention has not been before patented. 
There are various other steps to be taken; and by circulars 
obtained from the Commissioner of Patents, all necessary 
information regarding the matter may be obtained. 



158 CIVIL GOVEENMENT OF THE UNITED STATES. 

Patents are issued for a term of seventeen years. Each 
article must be marked with the word ^'patented/' the day 
and year when the patent was granted being also given. 

YIII. INFERIOR Courts. Under the power granted to 
establish inferior courts, Congress has created a system of 
courts which will be described under the United States 

JUDICIAKY. 



POWERS GRANTED TO CONGRESS. 159 



F'OWERS GRANTKD TO CONGRESS. 

Article I; Section 8. — Powers Granted to Congress, continued. 

10. To define and punish piracies and felonies committed on the high 
seas, and offenses against the law of nations; 

11. To declare war, grant letters of marque and reprisal, and make 
rules concerning captures on land and water; « 

12. To raise and support armies; but no appropriation of money to that 
use shall be for a longer term than two years; 

13. To provide and maintain a navy; 

14. To make rules for tho government and regulation of the land and 
naval forces; 

15. To provide for calling forth the militia to execute the laws of the 
Union, suppress insurrections, and repel invasions, 

16. To provide for organizing, arming and disciplining the militia, and 
for governing such part of them as may be employed in the service of the 
United States, reserving to the States respectively the appointment of the 
officers, and the authority of training the militia according to the discip- 
line prescribed by Congress; 

17. To exercise exclusive legislation in all cases whatsoever, over such 
district (not exceeding ten miles square) as may, by cession of particular 
States and the acceptance of Congress, become the seat of government of 
the United States, and to exercise like authority over all places pur- 
chased, by the consent of the Legislature of the State in which the same 
shall be, for the erection of forts, magazines, arsenals, dockyards, and 
other needful buildings; and 

18. To make all laws which shall be necessary and proper for carrying- 
into execution the foregoing powers, and all other powers vested by this 
Constitution in the government of the United States, or m any depart- 
ment or officer thereof. 



I. Piracies and Felonies on the High Seas. 

1. Definitions. — Piracy is commonly defined as forcible 
robbery or depredation on the liigli seas, without lawful author- 
ity. The same offense is called roliery on land, and inracy on. 
the high seas. 

The iQvm. felony, in American law is generally applied to any 
high crime punishable by death or imprisonment, as murder, 
manslaughter, arson, burglary, etc. 



160 CIVIL GOVERNMENT OF THE UNITED STATES. 

On account of the diversity that may and does exist in the 
definitions of these words. Congress is given the j^ower to 
define them, in order that there may be uniformity. It has 
passed several acts declaring what crimes shall be treated as 
piracies. Principal among these, in modern times, is the 
slave trade. 

By high seas is meant, not only the waters of the ocean 
which are out of sight of land, but also the waters of the sea 
coast below the low water mark, whether within the boundaries 
of a ifation or state. 

2. Power of Punislinieiit. — Naturally the power to punish 
crimes on the high seas belongs to the National Government, 
as the jurisdiction of the States does not extend outside their 
limits. And as Consfress has control of commerce and all 
foreign relations, the power of protecting navigation of neces- 
sitv belongs to that bodv. 

II. Offences Against the Law of Nations. For- 
eign nations naturally hold the National Government 
responsible for offenses committed by its citizens against their 
laws. Americans are, to tliem, citizens of tlie United States, 
and not of individual States. Therefore, unless the National 
government had the power to punish such offenses, there 
would be constant danger of controversy and war with other 
nations. Congress may also define as well as punish these 
offences. 

III. Declaring War. The power to declare war is one 
of the highest privileges of national sovereignty, and one that 
should be exercised with the most extreme care. In monarchial 
governments this power belongs to the monarch, and is often 
used unnecessarily as a means of securing wealth and glory, or 
avenging imaginary wrongs. But it is the people who have to 
bear the burdens of war, and therefore the people should .have 
the power to say whether war should or should not be. Here 
they have this power through their representatives in Congress; 
and the chief executive is denied so dangerous a |)rivilege. 

IT. Letters of Marque and Reprisal. 

1. Definition. — Marque, derived from a word meaning 



POWERS GRANTED TO CONGRESS. 161 

boundaiy, is a license by the government to go beyond the 
limits of one's own country for the purpose of msikmg^rejTrisals. 
This latter word signifies a taking in return, by way of retalia- 
tion. 

Letters of marque and reprisal are commissions from the 
government, authorizing private persons to seize the property 
of an enemy, as a satisfaction for some injury committed. 

2. Wlien and How Used.— These letters are generally 
granted in time of war, to the owners or masters of armed vessels 
which are private property, and which, when thus commissioned, 
are called privateers. This commission permits the capture of 
any of the enemy's vessels, whether owned by the government 
or private citizens, and whether armed or not. The owner 
and crew of a privateer are allowed to have the property 
oaptured. 

Even in time of peace, these letters are sometimes granted 
by a government to subjects who have been wronged by the 
subjects of another nation and are denied justice, in order that 
the injured parties may obtain satisfaction for their injuries. 

Formerly privateering was a common practice; but in more 
recent times it has come to be looked upon as disreputable, and 
little more than legalized piracy. Nearly all of the highly 
civilized nations have discontinued its practice. 

3. By Whom G-ranted. — Congress has the sole power to 
grant these letters. As the tendency of reprisals is to ^^rovoke 
war m time of peace, and as, m time of war, they are merely 
one means of carrying on the war, the j30wer, of right, belongs 
•exclusively to the National Government. 

T. Captures on Land and Water. The power of 

making rules concerning captures on land and water belongs, 
with the other war j^owers, to Congress. The captured prop- 
erty is called a prize, and is usually distributed among the 
captors as a reward for bravery. But first a competent United 
States court must decide that the property was legally captured 
from the enemy, that is, was captured according to the pre- 
scribed rules of honorable warfare. This is to guard against 
the liberties and abuses which always accomjDany war. 
11 



162 CIVIL GOVERNMENT OF THE UNITED STATES. 

Tl. Raising and Supporting Armies. The expert 

ence of the government during the Eevolution, when it could 
declare war but could not raise or pay a single soldier, clearly 
demonstrated to the country the need of such power in the 
hands of the National G-overnment. Therefore, as Congress 
was given the privilege of declaring war, the power to raise and. 
support armies was joined with it. 

But Congress cannot make any appropriation of money for 
this purpose for a longer term than two years. This restric- 
tion was placed on its power, in order that no Congress might 
vote appropriations so far ahead as to make it possible for the 
President, who is commander-in-chief of the army, to gather 
so large a force under his control that he could defy the power 
of Congress and overthrow the government. It was also done 
to prevent the keeping of a large standing army. As the army 
is dependent for its support upon the appropriations of every 
new Congress, by refusing to vote such means of support, any 
Congress could cause the dismemberment of an armed force 
that was threatening the liberty of the people. Appropriations 
are now made annually, and the army is thus kejpt closely 
under the control of the people's rejDresentatives. 

YII. Protiding and Maintaining a Naty. For a 

country like ours, a navy is as indispensable as an army. Not 
only is it needed to protect commerce, fisheries and navigation, 
but, in time of war, to protect our long stretches of sea coast 
from the enemy. Many of our chief commercial cities are 
located on the coast, and their possession would give dangerous 
advantage to opposing forces. 

The navy of any nation consists of the whole number of its 
ships of war taken together. The power to jirovide and main- 
tain a navy belongs with the power to raise and support 
armies. 

YIII. The Goternment and Regulation of the 

Land and Naval Forces. Congress, exercising the power 
given it, has enacted a code of rules for the government and 
regulation of the army and navy, both in time of peace and of 
war. These rules together are called the military latu. 



POWEES GRANTED TO CONGRESS. 163 

IX. The Militia. As we have but a small standing army 
our country places its main reliance ui^on the citizen soldiers or 
militia of the States, both to protect it against foreign inva- 
sions and quell domestic insurrections. Therefore the power 
to provide for calling forth this militia belongs with Congress, 
who has the power to declare war. It may be called out: 

1. To execute the laws of the United States. 

2. To suppress insurrections. 

3. To repel invasions. 

Congress has exercised its privilege by conferring upon the 
President the power of calling forth the militia whenever a 
necessity provided for by the Constitution arises. 

To the National Legislature is also given the power to pro- 
vide for organizing, arming and disciplining the militia. But 
to the States is reserved the privilege of appointing officers, 
and of training the militia, which latter must be done according 
to the discipline prescribed by Congress. Harmony of action, 
when it comes to actual service in the field, is a necessity, and 
it is only possible when troops have been organized, armed and 
disciplined under a uniform system. 

X. Ceded Districts. 

1. District of Colimibia. — l^ear the close of the Revolu- 
tionary war, when the old Continental Congress was in session 
at Philadelphia, it was at one time subjected to insult by some 
insolent mutineers of the American army. The Pennsylvania 
State authorities giving it no protection, it was forced to remove 
to Princeton, N". J., in order to escape open violence. At 
various other times it was necessary to change the seat of 
government. 

By reason of these experiences, the framers of the Constitu- 
tion appreciated the necessity of giving to the United States 
absolute control over its seat of government. The clause to 
this effect was therefore inserted in the Constitution. 

When the National Government organized, there was, at 
first, great jealousy between the States with reference to the 
location of the National Capital. The j^rinciple cities in the 
Middle States, Philadelphia and New York in particular, con- 
tended for the honor. They thought thereby to gain great 



164: CIVIL GOVERNMENT OF THE UNITED STATES. 

importance and perhaps acquire larger influence in the General 
Grovernment. Partly to avoid this very possibility, Congress 
decided to locate the seat of government at an entirely new 
place. 

In 1788-9, Maryland and Virginia ceded to the United 
States a tract of land containing one hundred square miles, 
lying each side of the Potomac Eiver. This section was the 
choice of the patriot whose name the capital city bears. The 
government was removed there in December, 1800, where it has 
since remained. But the section proved so much larger than 
was needed, that, after nearly sixty years, the gift of Virginia, 
about forty-five miles square, was returned to her, leaving the 
District wholly on the Maryland side of the river. It is now 
almost entirely occupied by the cities of Washington and 
Gi-eorgetown, with their suburbs. 

This District is neither a State nor a territory. Its inhabit- 
ants do not vote, and have no representatives in the National 
Legislature. Congress having entire control of the District, 
makes special laws for its government. It has placed tlie 
general management in the hands of three commissioners, two 
of whom are appointed by the President and Senate for three 
years, while the third is an officer of the corps of engineers of 
the army, selected by the President. 

2. Otlier Ceded Districts. — Congress also has exclusive 
control over all places purchased for the erection of forts, 
magazines, arsenals, dockyards and other needful buildings, 
provided these places are purchased by the consent of the 
Legislatures of the States in which they are. It is only by 
consent of the Legislatures that the State governments lose 
their jurisdiction over these places; and the ]S"ational Govern- 
ment cannot force them to do this. Unless such consent is 
given, the State still has jurisdiction over places held by the 
United States within its limits. 

It is very important that Congress should have exclusive 
control over such places, in order to prevent misunderstandings 
as to jurisdiction between the National Government and the 
State Governments. The inhabitants of these ceded places are 
legally, no longer inhabitants of the State, and do not jiossess 



POWERS GRANTED TO CONGRESS. 165 

the civil and political rights which would belong to them under 
the laws of the respective States. 

Quite generally the States reserve the right to serve all State 
processes, both civil and criminal, upon persons found therein 
in order to prevent such places from becoming retreats for 
fugitives from justice, who have committed crimes against 
State authority. 

XI. Implied Powers. When a person is given the power 
to do some particular thing, it is reasonable to suppose that the 
use of means necessary to accomplish that thing is also granted. 
The Constitution gives Congress power to do various things, 
and, necessarily, the right to use all means needed for the 
accomplishment of these things belongs with it. 

But in order, evidently, to settle any questions that might 
arise concerning the supreme authority of Congress over all 
National matters not expressly forbidden by the Constitution 
itself, the eighteenth clause was added. It gives Congress the 
privilege of making all laws necessary and proper for carrying 
into execution all power vested by the Constitution in the 
Government of the United States, or in any department or 
office thereof. 

This was called the *^^ sweeping clause^' by Patrick Henry, 
and is of ten said to give Congress power to do anything and 
everything. Great opposition to it was exhibited by those 
favoring large State powers, when the Constitution was under 
discussion; and it is over these implied powers of Congress that 
parties favoring a strict or a liberal construction of the Consti- 
tution divide. 

Under the right of implied powers. Congress has passed 
some of the most important of its laws. The purchase of 
great tracts of foreign territory, the establishment of national 
banks, and the law making greenbacks legal tender, are among 
these. 



166 CIVIL G-OVERiSIMENT OF THE UNITED STATES. 



PROHIBITIONS UPON THK UNITKID SXiVrKS. 

Article I.; Section 9. — ProMbitions Upon the United States. 

1. The migration or importation of such persons as any of the States 
now existing shall think proper to admit, shall not be prohibited by the 
Congress prior to the year one thousand eight hundred and eight ; but a 
tax or duty may be imposed on such importation, not exceeding ten 
dollars for each person, 

2. The privilege of the writ of habeas corpus shall not be suspended 
unless when, in cases of rebellion or invasion, the public safety may 
require it. 

3. Xo bill of attainder or ex post facto law shall be passed, 

4. No capitation or other direct tax shall be laid, unless in proportion 
to the census or enumeration hereinbefore directed to be taken. 

5. No tax or duty shall be laid on articles exported from any State. 
No preference shall be given, by any regulation of commerce or revenue, 
to the ports of one State over those of another; nor shall vessels bound to 
or from one State be obliged to enter, clear, or pay duties in another. 

6. No money shall be drawn from the treasury, but in consequence of 
appropriations made by law; and a regular statement and account of the 
receipts and expenditures of all public money shall be published from 
time to time. 

7. No title of nobility shall be granted by the United States; and no 
person holding any office of profit or trust under them shall, without the 
consent of the Congress, accept of any present, emolument, office or title 
of any kind whatever, from any king, prince, or foreign State. 



I. The Slate Trade. As far back as the history of the 
human race reaches, slavery is known to have existed. Bar- 
harous and civilized nations alike have upheld and followed 
this practice. Among the ancient races the slave trade was a 
regular branch of commerce, and even at the time of the for- 
mation of the Constitution it was carried on to a certain extent 
by every civilized natibn in Europe. Many of the American 
colonists, however, looked upon this practice with disfavor, 
and attempted to check it while they were still under British 
rule; but the English government refused to listen to their 



PEOHIBITIOI^S rPON THE UNITED STATES. 167 

appeals, and in every way favored importing slaves into the 
colonies. After the colonies became States, many of them 
prohibited the foreign slave trade; and in the Constitutional 
Convention there were many of the delegates who strongly 
condemned the whole system of human servitude. But the 
delegates from those States which still imported slaves, and 
whose climate and soil were favorable for negro labor, insisted 
that the right of importing slaves should be secured to the 
States, and that, otherwise, their States would not ratify the 
Constitution. The opposing party thought such a provision 
^ould dishonor a government founded on principles of liberty 
and equality; and some opposed it on the ground that it gave 
a State opportunity to increase its representation in Congress 
by importing slaves from Africa. 

But, though the majority were in favor of leaving Congress 
free to prohibit the trade at any time, it was evident that so 
many States, in such case, would reject the Constitution, that 
this majority partially yielded. They agreed to leave the slave- 
trade free for twenty years, or until 1808, with the condition, 
liowever, that a tax or duty might be imposed, not exceeding 
ten dollars, for each person imported. 

After the adoption of the Constitution, although Congress 
could not prohibit the importation of slaves into the States, it 
•did all in its power to otherwise prevent the traflBc. It j)assed 
acts prohibiting the people of the United States from trans- 
porting slaves /rom- the United States to any foreign country, 
or between foreign countries, for purposes of traffic. And 
just as soon as the twenty years had expired, on the first day 
of January, 1808, an Act of Congress took effect, imposing 
heavy penalties upon any person who should engage in the 
slave-trade. Other acts followed, increasing these penalties; 
and in 1820 foreign slave-trade was declared to be piracy, 
punishable with death. All of these acts referred to foreign 
slave-trade, and none to the traffic between the different States; 
that matter was regulated by the States themselves. 

II. The Writ of Habeas Corpus. The suspension of 

this writ was thought to be so dangerous to personal liberty 
that Congress was expressly forbidden the privilege, except in 



168 CIVIL GOVERNMENT OF THE UNITED STATES. 

times of rebellion and invasion; and then in no case where the 
public safety does not actually require it. During the Civil 
War the power of suspending this writ was vested by Congress 
in the President, and was exercised by him in those localities 
actually in a state of war. 

III. Bills of Attainder. Among the former customs 
of England, one of the most cruel and tyrannical was the 
method of condemning persons by hills of attainder. These 
were Acts of Parliament, by which a person was convicted of 
some great crime, usually treason, punishable by deatli, with- 
out any regular trial in court. And not only was his life for- 
feited, but all his property went to the English crown; and his 
blood was said to be corrupted or attainted, so that his children 
could not inherit from their ancestors any property or title 
which descended through the father. This was a favorite 
means of getting rid of persons who had committed no real 
crime, but who had become obnoxious to the king or Parlia- 
ment, usually by reason of political opinions. 

The exercise of such a power would violate every princij)le 
of our free government. Therefore Congress is forbidden ever 
to pass such laws. 

Sometimes, in England, another kind of bill, called a hill of 
pains and penalties, was passed, to punish ob-noxious persons. 
This differed from the bill of attainder only in not inflicting 
the death penalty. It is generally held that the prohibition in 
our Constitution concerning bills of attainder includes, also, 
the bill of pains and penalties. 

IT. Ex Post Facto Law. When the law in force in 
regard to the slave trade made that offense punishable with 
fine and imprisonment, if offences of such nature had been 
committed, and afterward Congress, in passing the act that 
made the crime punishable with death, had apjDlied it to those 
cases, that law would have been an ex post facto law. If 
Congress should to-day j)ass a law making the importation of 
foreign cloth an offence punishable with fine and imprisonment, 
and apply it to all cases of persons who had imported such goods 
within the past year, that would be an ex post facto law. The 
ex23ression ex ^-^nst facto is from the Latin, and means literallj 



PEOHIBITIONS UPON THE UNITED STATES. 169 

"from after the fact." Any law passed after an act is com- 
mitted, making that act punishable, although it was not pun- 
ishable when committed, or any law making the punishment 
for an offence greater than it was when the offence was com- 
mitted, is an ex post facto law. The Supreme Court of tlie 
United States has defined such a law as "one which renders 
an act punishable in a manner in which it was not punishable 
when it was committed." 

Justice requires that a person should not be punished for an 
act that was innocent when done; and that he should know, or 
have it in his power to know, just how great the punishment 
for an act is when he is committing it, and consequently Avhat 
risks he is taking. 

T. Direct Tax. It will be remembered that by the 
clause providing for the apportionment of members of the 
House of Representatives, direct taxes were to be apportioned 
in the same manner, according to the population, countino^ 
three-fifths of the slaves. This clause, declaring that no direct 
tax shall be laid except in that way, was added for greater 
security. 

Of course, if direct taxes were now levied, they would be 
in proportion to the whole population, less the Indians not 
taxed. 

VI. Export Duties. Several provisions of the Consti- 
tution aim at the impartial distribution of taxes amono- the 
States. This' clause, prohibiting the laying of export duties, 
is one of them. As the i)roductions of the States vary greatly 
with climate, soil, and location, it would be impossible to so 
adjust export duties that their burden would bear equally on 
all the States. If Congress had the power of laying export 
duties, there would always be danger of the representatives 
from certain States combining to lay heavy duties on the 
exports of other States, and light ones on the exports of their 
own. This would be a constant source of irritation between 
the States. 

Also, exjDort duties would necessitate increasing the prices 
of our exported goods sufficiently to cover these taxes; and this. 



170 CIVIL GOVERNMENT OF THE UNITED STATES. 

in many cases, would make it impossible for ns to compete 
with other nations in foreign markets. 

YII, No Preference in Trade. Moreover, it was in- 
tended that all the States should share equally in the privileges - 
of trade; hence any preference of the ports of one State over 
another is forbidden; and no vessels bound to or from one 
State are obliged to enter, clear, or pay duties in another. 
This does not mean that vessels going from one State to 
another are not obliged to enter, clear, or pay duties at all, 
for there are laws of Congress enforcing these things in certain 
cases. But it means that a vessel can only be obliged to clear 
in the State from ivliicli it is bound, and enter and pay duties 
only in the State to ivliicli it is bound. This was to prevent 
vessels from being compelled to enter, clear, or pay duties at 
ports from which they did not come and to which they were 
not going. Thus a vessel bound to Tacoma from Panama 
could not be obliged to enter, clear, or pay duties in Portland. 

During the colonial period, American vessels were compelled 
to enter and clear at an English port before they could trade 
with foreign ports, no matter how great the inconvenience. 

Till. Appropriations. To the long list of powers given 

Congress by the people of the United States, the control of the 
public treasury was added. Not a cent of money can be drawn 
from this treasury without the consent of Congress. The War 
Department cannot pay the salary of an officer, the Navy 
Department cannot pay for a ship of war, the President himself 
cannot draw a dollar of his salary, until Congress has made an 
appropriation for each particular case; that is, has passed an 
act providing that a certain sum of money in the treasury may 
be paid for such purpose. Thus the public money is entirely 
controlled by the representatives of the people. 

At every session Congress makes an immense number of 
appropriations, the ordinary annual expenses of the United 
States G-overnment being more than $240,000,000. But in 
order that Congress may not pay out the people's money in a 
wasteful and extravagant manner, a check is placed on their 
action, by requiring the publication from time to time of a 
regular statement and account of all receijDts and expenditures 



PROHIBITIONS UPON THE UNITED STATES. 171 

of public moneys. This also acts as a check on the heads of 
-departments in regard to incurring unnecessary expenses. 
Short general statements are published monthly, and full 
accounts annually. 

IX, Titles of Nobility. Congress is emphatically for- 
l^idden to grant any title of nobility, either to the citizens of 
this country, or those of any other country. It was intended 
that this should be a gOYernment under which all men are 
equal, where no unjust class distinctions exist. 

X. GrlFTS. In order to guard against officials of the United 
States being influenced by foreign governments in the perform- 
ance of their duties, all such officials are forbidden to accept 
any present, emolument, office or title from any king, prince or 
foreign state, unless Congress gives special permission. 

An Oriental ruler once presented President Van Buren with 
some costly jewels; but he could not accept them, and they 
still lie in the United States treasury at Washington. Also in 
the National Museum are many valuable and beautiful articles 
which have been i^resented to different United States officers, 
and handed over by them to the government. Occasionally 
Congress passes a special act, allowing some officer to kcej) a 

gift. 



172 CIVIL GOVERNMENT OF THE UNITED STATES. 

Thirxy-Kikxh Lesson. 



F»ROHIBITIONS UPON THE STATTES. 

Article I; Section 10. — Prohibitions upon the States. 

1. No State shall enter into any treaty, alliance or confederation; grant, 
letters of marque and reprisal; coin money; emit bills of credit; make 
anything but gold and silver coin a tender in payment of debts; pass any 
bill of attainder, ex post facto law, or law impairing the obligation of 
contracts; or grant any title of nobility. 

2. No State shall, without the consent of the Congress, lay any impost or 
duties on imports or exports, except what may be absolutely necessary for 
executing its inspection laws; and the net produce of all duties and 
imposts laid by any State on imports or exports shall be for the use of the^ 
treasury of the United States; and all such laws shall be subject to the 
revision and control of the Congress. 

3. No State shall, without the consent of Congress, lay any duty of 
tonnage, keep troops or ships of war in time of peace, enter into any 
agreement or compact with another State or with a foreign power, or 
engage in war unless actually invaded, or in such imminent danger as 
will not admit of delay. 



I. Treaties, Alliances and Confederations. The 

States are forbidden to enter into any of these engagements. 
Treaties are agreements between two or more nations upon any 
subject; alliances and confederations are unions of nations for 
some common object; but a confederation is a closer union 
than an alliance. If individual States were free to enter into 
any of these agreements or unions with foreign nations, the 
arrangements of one State would constantly interfere with 
those of another and with those of the G-eneral Government. 
This would occasion trouble between the States, and difficulties 
with foreign nations that might end in war. As all the States 
form one Nation, plainly the privilege of treating with foreign 
powers should belong to the National G-overnment alone. 

II. Letters of Marque and Reprisal. The States 

are forbidden to issue these commissions, as by so doing any 
one State might at any time involve the whole country in wars 
with foreign governments. 



PEOHIBITIONS UPON THE STATES. 173 

III. Prohibitions Concerning Money. 

1. Coining- Money.— If the States were allowed the privi- 
lege of coining money, there would be no uniformity in the 
currency of the country; and that was one great object in 
giving the power to Congress. Therefore they are denied the 
privilege. 

2. Emitting- Bills of Credit. — This the States are also 
forbidden to do. Bills of Credit are paper obligations or 
promises to pay certain amounts of money to persons holding 
them, and are issued in a way to be used as money. 

During and after the Eevolution, the States issued a great 
amount of this money, which they failed entirely to redeem, 
•and it became worthless. Consequently those holding this 
paper currency suffered great losses, business was destroyed, 
and general bankruptcy ensued. 

Bills of credit do not include bank bills, nor written con- 
tracts by which a State binds itself to pay money for services 
actually received, or for money borrowed. United States 
treasury notes, or "greenbacks," are bills of credit. 

3. Legal Tender. — The States are forbidden to make any- 
thing but gold and silver coin a tender in payment of debts. 
This prohibition also is made with the object of securing a 
sound and uniform currency to the country. Before the 
adoption of the Constitution, some of the States had declared 
their worthle'ss j)aper money legal tender, and creditors being 
thus compelled to receive it in payment for debts, suffered 
great losses. 

Paper money is always liable to sudden rising and falling of 
Talue, while gold and silver are more stable. 

IT. Other Prohibitions. Passing bills of attainder and 
■ex post facto laws and granting titles of nobility, are forbidden 
the States, for the same reason that the General Government 
is thus prohibited. 

T. The Obligation of Contracts. In its usual mean- 
ing in the law, a contract is an agreement of two or more 
j)ersons, upon a sufficient consideration, to do or not to do some 
jDarticular thing. During the disastrous years of the Confed- 



174 CIVIL GOVERNMENT OF THE UNITED STATES. 

eration, the States repeatedly passed laws which disregarded 
the rights of individuals under existing contracts. Debtors 
were authorized to tender any sort of property, though nearly 
worthless, for debts; and remedies for the recovery of debts, 
were discontinued. So evil were the effects of these laws that 
the framers of the Constitution determined to do away with 
such possibilities in the future. No State, therefore can pass, 
any law which will interfere with the binding force of contracts 
which have been legally made. It is said that this prohibition 
has caused more controversy and litigation than any other 
clause of the Constitution. 

TI. Inspection Duties. The states are forbidden to 
lay import or export duties, unless with the consent of Con- 
gress. The aim of the authors of the Constitution was to 
place the whole subject of regulating commerce within the 
power of Congress. But one exceiDtion is made; the States are 
free to lay these duties to an amount necessary to execute their 
inspection laws. 

Inspection laius are those made for the inspection or examin- 
ation of various commodities, such as meat, flour, leather, etc., 
in order to find out their quality and mark them accordingly. 
The object of this is to improve the quality of articles produced 
by the labor of the country, and to better fit them for exporta- 
tion and for home use, by securing the purchasers against fraud. 
It is to meet the expense of carrying out such laws that, the 
States are allowed this privilege. 

But if unrestricted power were given the States in this mat- 
ter, there would be great danger of abuses following. Some 
might attempt to raise revenue or protect their own manufac- 
turing interests, by laying heavy duties on the importations 
from other States; or sea-board States might tax the i^roduc- 
tion of States trading through their harbors; and all this under 
cover of executing their inspection laws. To prevent these 
evilG, the following restrictions are 23laced on their power: 

1. Only such duties can be laid as are absolutely necessary to 
execute their inspection laws. 

2, The net produce of such duties, that is, all surplus after 



PROHIBITIONS UPON THE STATES. 175 

paying the expenses of inspection, must be for the use of the 
United States treasury. 

3. All inspection laws must be subject to the revision and 
control of Congress. 

Til. Tonnage Duties are taxes laid on vessels in pro- 
portion to their cubical contents expressed in tons. Tonnage 
is not what a vessel weighs, but the number of tons of freight 
she can carry. These duties are forbidden the States, unless 
with the consent of Congress, as they are a means of regulating 
commerce. 

Till. War. The States are forbidden without the consent 
of Congress, to keep troops and ships of war in time of peace, 
or to engage in war unless actually invaded, or in such immi- 
nent danger as will not admit of delay. This is to prevent any 
State from keeping an armed force that would endanger the 
public safety. It does not, of course, refer to the militia, which 
every State is expected to maintain. As all war powers belong 
to Congress, they are properly forbidden the States. 

IX. Agreements or Compacts. We have seen that the 

States are unconditionally forbidden to enter into any treaty, 
alliance or confederation. We now see that they are forbidden 
to enter into any agreement or compact with each other or with 
foreign powers, unless with the consent of Congress. These 
latter refer to any temporary agreements, and are forbidden 
for the same reasons as the former. 



176 CIVIL GOVERNMENT OF THE UNITED STATES. 

Thirty-Sixth IvKsson:. 



ELECTION OE F^RESIDENT JVND VICE- 
PRESIDENT. 

ARTICLE II. — Executive Department. 

Section 1. — Term and Election of President and Vice-President.. 

1. The executive power shall be vested in a President of the United 
States of America. He shall hold his office during the term of four years, 
and, together with the Vice-President chosen for the same term, be elected 
as follows : 

2. Each State shall appoint, in such manner as the Legislature thereof 
may direct, a number of electors, equal to the whole number of Senators 
and Representatives to which the State may be entitled in the Congress; 
but no Senator or Representative, or person holding an office of trust or 
profit under the United States, shall be appointed an elector. 

3. Amendment XTI. 

[(1.) The electors shall meet in their respective States, and vote by 
ballot for President and Vice-President, one of whom, at least, shall not 
be an inhabitant of the same State with themselves; they shall name in 
their ballots the person voted for as President, and in distinct ballots the 
person voted for as Vice-President, and they shall make distinct lists of 
all persons voted for as President, and of all persons voted for as Vice- 
President, and of the number of votes for each, which lists they shall sign 
and certify, and transmit sealed to the seat of government of the United 
States, directed to the President of the Senate; the President of the Senate 
shall, in the presence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted; the person having the 
greatest number of votes for President shall be the President, if such 
number be a majority of the whole number of electors appointed; and if 
no person have such a majority, then from the persons having the highest 
numbers, not exceeding three, on the list of those voted for as President, 
the House of Representatives shall choose immediately, by ballot, the 
President. But in choosing the President, the votes shall be taken by 
States, the representation from each State having one vote; a quorum for 
this purpose shall consist of a member or members from two-thirds of the 
States, and a majority of all the States shall be necessary to a choice. 
And if the House of l^epresentatives shall not choose a President, when- 
ever the right of choice shall devolve upon them, before the fourth day of 
March next following, then the Vice-President shall act as President, as 
in the case of the death or other constitutional disability of the President. 



ELECTION OF PRESIDENT AND VICE-PRESIDENT. 177 

(2.) The Person having the greatest number of votes as Vice-President 
shall be the Vice-President, if such number be a majority of the whole 
number of electors appointed. And if no person have a majority, then 
from the two highest numbers on the list the Senate shall choose the 
Vice-President; a quorum for the purpose shall consist of two-thirds of the 
whole number of Senators, and a majority of the whole number shall be 
necessary to a choice. 

(3.) But no person constitutionally ineligible to the office of President 
shall be eligible to that of Vice-President of the United States.] 

4. The Congress may determine the time of choosing the electors, and 
the day on which they shall give their votes, which day shall be the same 
throughout the United States. 



I. The Executive Power Tested in One Person. 

TJnder the Confederation there was no executive to enforce the 
laws after they were made. The Constitutional Convention 
determined to remedy this weakness, by providing a strong 
executive department. But there was great difference of 
o]3inion among them whether this power should be vested in 
one person, or in a ISTational council. It was agreed by all that 
laws should be put into execution with the greatest energy and 
promptness; and it was finally decided that one person could 
do this to much better advantage than a body of men, who 
would, of necessity, be subject to rivalry and disagreements, 
resulting in injurious delays and weak execution. Thus the 
power was vested in a President, who was to be held personally 
responsible for its proper exercise. 

II. Term of Office. There was also much disagreement 
and discussion over the length of the term of office of the Chief 
Executiye. Some favored a life term, or during good behavior; 
others short terms of various lengths. It was thought desirable 
to make the term sufiiciently long for the administration to 
ieel a certain degree of independence of the people, and give 
it time to put its policy to a practical test; but not so long as 
to partake of the nature of a monarchy or warrant too much 
independence on the part of the executive. The term of four 
years was settled upon as the most likely to secure all these 
desirable features. This is intermediate between the term of 

12 



178 CIVIL GOVERNMENT OF THE UNITED STATES. 

office of Senator and that of Kepresentative. It commences on. 
tlie fourth day of March after the election. 

A President may serve as many terms as the people will elect 
him; there is no limit given. Several Presidents have been 
re-elected; but, as yet, none have been elected, for a third term. 

The Vice-President is chosen for the same term as the 
President. 

III. Election of President and Yice-President. 

Various methods of electing the President were proposed in the 
Convention, and it was not until near its close that the matter 
could be positively settled. At one time it was decided that 
Congress should be given the power to elect, but this would 
make the Chief Executive dependent upon that body, and tend 
to destroy his liberty of action; for he would be liable to con- 
form to the Legislators' wishes in his official acts, in order to 
secure a re-election. Another plan provided for his election 
directly by the people; but there would then always be the 
danger, in the excitement attendant upon so important an 
election, of the people acting without judgment and delibera- 
tion, and falling into grave errors. Several other propositions 
were before the Convention; but it was finally settled that a 
select body of men, chosen as representatives of the people, 
would carry out the popular will in a wiser and safer manner 
than could otherwise be done. Some then thought that the 
State Legislatures should constitute this body for their respect- 
ive States, but the majority favored choosing men for this 
purpose alone. 

It will.be noticed that the twelfth amendment is substituted 
in place of the third clause of the section under discussion. 
This is done because the original clause has become void by 
reason of this amendment, which was added to the Constitu- 
tion in 1804. Since, under the Confederation, there had been 
no executive, the authors of the Constitution had not learned 
what errors to avoid in providing one, as tliey had learned 
through the experiences of the Continental Congress in regard 
to the legislative department; and the result demonstrated 
their lack of this practical knowledge. 

By the original plan of choosing a President and Vice- 



ELECTIOIT OF PRESIDENT AND VICE-PRESIDENT. 179 

President, each person appointed for that purpose voted for 
two persons as President; no votes were cast for Vice-President. 
The person securing the highest number of votes, if such 
number was a majority of the whole, was President; and the 
one receiving the next highest number was Vice-President. 
If no result was reached the election went into the House of 
Representatives, where, after the President was chosen, the one 
having the highest number of votes was Vice-President; and if 
no one person received that, number, the election for Vice- 
President went into the Senate. But in no case could there 
be a Vice-President selected until after the President was 
chosen. 

The plan worked badly, and in 1801 a very long and exciting 
contest occurred in the House over the election of President, 
Thomas Jefferson and Aaron Burr having received the same 
number of votes, which was a majority of the whole. To avoid 
another such occurrence, before the next election, the amend- 
ment was added which is still in force. This latter method is 
cumbrous and open to serious objection, and repeated efforts 
have been made to alter it, but as yet none have succeeded. 
The method is as follows: 

1. Election of the Electors. 

1. Definition.— The men who are selected by the people to 
choose their President and Vice-President are called Electors; 
and the whole body of Electors is known as the Electoral 
College. 

2. Number of Electors, — Each S«cate chooses as many Elec- 
tors as the whole number of its Representatives and Senators. 
Thus the representation of each State in the Electoral College 
is the same as its representation in Congress. 

3. Hoiu Chosen. — The Legislatures of the States are given the 
privilege of directing, how these Electors shall be chosen in 
their respective States. At first there was no uniformity in the 
methods employed by them, but now Electors are universally 
voted for directly by the people. 

4. When Chosen. — As we have seen, each political party 
nominates in each State an Electoral ticket from among its 
own party men. Congress is given the power to determine the 



180 CIYIL GOVERNMENT OF THE UNITED STATES. 

time of choosing Electors, and has, by law, fixed this time as 
the first Tuesday after the first Monday in ]N"ovember of every 
fourth year. Consequently, on that day the people of all the 
States in the Union vote for their Electors. 

5. Prohibition. — No officer of the United States can be ap- 
pointed an Elector. This was provided to prevent any officer 
of the government acquiring undue influence in the election of 
President and Vice-President. 

2. Proceedings of tlie Electoral CoUeg-e. 

1. Time of Meeting. — The Constitution gives Congress the 
power of determining the day on which the Electors shall cast 
their votes, but provides that such day must be the same 
throughout the United States. Congress has fixed the time as 
the second Monday in January following the year in which 
they are appointed. 

2. Place of Meeting. — It was not thought advisable to re- 
quire the electors to travel the long distances necessary to reach 
the National Capital, for the sole purpose of casting their votes; 
and so it was settled that the electors should meet in their 
respective States. The State Legislatures determine where 
these meetings shall be held, and the State Cajoital is, in nearly 
all cases, the choice. 

3. The Voting. — When the Constitution was framed, it was 
intended that the Presidential Electors should use their indi- 
vidual judgment in selecting the persons for whom they should 
vote; but the existence of political parties, and their |)ractice of 
nominating candidates, has completely done away with all 
personal decision on the part of the Electors. They are now 
merely machines which register the will of the people. When 
Electors are elected, it is known for just what Presidential can- 
didate they will vote; and, although there is no law compelling 
an Elector to vote for his party nominee, should he do other- 
wise he would be looked upon as little less than a traitor, so 
strong has party feeling become. The Electors vote on separate 
ballots for President and Vice-President, one of whom at least 
must not be an inhabitant of the same State with themselves. 
The President and Vice-President are never from the same 
State. 



ELECTION OF PRESIDENT AND VICE-PRESIDENT. 181 

4. Tlie Returns.— T\iQ Yote is counted, and three lists made 
of all the persons voted for as President and as Vice-President, 
with the number of votes each has received. These three lists 
are certified to and signed. by all the Electors, and sealed. 
One certificate is sent by mail to the President of the Senate, 
at Washington; another is sent to the same official by a special 
messenger appointed by the Electors, whose expenses are paid 
by the government, and who must pay a heavy fine if he fails 
in the performance of his duty; the third list is deposited with 
the Judge of the United States district court for that district 
in which the electors are assembled. This sealed vote is called 
a return; and if, by the fourth Monday in January, neither of 
the returns sent by mail or by messenger has reached the 
President of the Senate, a messenger is sent after the copy 
deposited with the judge. 

3. Counting- the Votes. — On the second Wednesday of 
the following February, the Senate marches in a body to the 
Hall of Eepresentatives, the members of the House standing to 
receive them. When all are seated, the President of the Senate 
opens the certificates in the presence of both Houses, and hands 
them to tellers previously appointed by the respective Houses. 
These tellers count the votes State by State, in alphabetical 
order, and the presiding officer declares the vote of each State 
separately, and the vote of all taken together. 

The person receiving the majority vote for President of the 
whole number of Electors appointed is declared duly elected 
President of the United States; and the person receiving the 
majority vote for Vice-President of all the Electors appointed 
is declared elected Vice-President of the United States. 

4. Election Tby tlie House,, In case no one receives the 
required majority for President, which may happen when there 
are more than two candidates in the field, the election goes 
into the House of Eepresentatives. This body, closely repre- 
senting the popular will, was thought more likely to carry out 
the wishes of the people at large. The House is required to 
choose a President from among the three persons securing the 
highest number of votes in the list of those voted for as Presi- 
dent. The voting must be done by States, the representation 



182 CIYIL GOYEENMENT OF THE UNITED STATES. 

of eacli state haying but one vote. The Yote cannot be taken 
unless a quorum is present, and a quorum consists of a repre- 
sentation of one or more members from two-thirds of all the 
States. A majority of the States is necessary for a choice. 

In case the House does not make a choice before the fourth 
day of the following March, when the Congress expires, the 
person selected for Vice-President must act as President. 

In this election by the House the small States have equal 
advantage with the large States. Thomas Jefferson and John 
Quincy Adams are the only Presidents who haYC been elected 
by the House of Eepresentatiy-es. 

5. Election by tlie Senate. — If no person receives a 
majority for Vice-President in the Electoral College, the Senate 
must elect one. This privilege naturally belongs to the 
Senate, in which body the Vice-President acts as presiding 
officer. 

From the two persons having the highest number of votes on 
the list, the Vice-President must be chosen. A quorum for 
this purpose consists of two-thirds of the whole number of 
Senators, and a majority of the whole number is necessary for 
a choice. It will be observed that the Senators do not vote by 
States, as the Representatives do in the election by the House, 
but each one Yotes separately. 

6. The Electoral Oommission. — In 1876 there arose great 
disputes in Florida, Louisiana, Oregon and South Carolina 
oyer their election returns; the Democratic and Republican 
parties each claiming the election of its candidates. To settle 
the matter an Electoral Commission was appointed by Congress 
in January, 1877, consisting of five United States Senators, 
five members of the House of Representatives, and five associate 
justices of the United States Supreme Court. This Commis- 
sion examined the returns, and, by a Yote of eight to seven, 
two days before the inauguration, rendered a decision which 
made Rutherford B. Hays, the Republican candidate, Presi- 
dent. 

IT. A Minority President. The serious objection to 

this method of choosing a President and Vice-President through 



ELECTION OF PBESIDENT AND VICE-PKESIDENT. 183 

Electors lies in the fact that it is possible for persons to receive 
a majority of the Electoral votes and still not be the choice of 
the people. To illustrate this, suppose the Republican nominee 
for President receives 5,000 more votes in Ohio than all other 
candidates; he would then secure the 23 Electoral votes of that 
State. Then suppose the Democratic nominee receives 12,000 
majority in Connecticut; this would secure to him the 6 Elec- 
toral votes of that State. The Republican candidate would 
then have a majority of 17 of the Electoral votes of these two 
States; while the Democratic candidate would have a 7,000 
majority vote of the people. This same condition may exist as 
well in case of the whole number of States taken together as 
with the two used in illustration; and, in fact, this has already 
liappened many times. A president who does not receive a 
majority vote of the people is called a minority President. 



184: CIVIL GOVERNMENT OF THE UNITED STATES. 



AND VICK'PRKSIDENT. 

Article II; Section 1. Qualifications, Salary, etc., of the President and 

Vice-President. 

5. No Derson except a natural-born citizen, or a citizen of the United 
States at the time of the adoption of this Constitution, shall be eligible to 
the office of President; neither shall any person be eligible to that office 
who shall not have attained to the age of thirty-five years, and been four- 
teen years a resident within the United States. 

6. In case of the removal of the President from office, or of his death, 
resignation, or inability to discharge the powers and duties of the said 
office, the same shall devolve on the Vice-President; and the Congress- 
may by law provide for the case of removal, death, resignation, or in- 
ability, both of the President and Vice-President, declaring what officer 
shall then act as President; and such officer shall act accordingly, until 
the disability be removed or a President shall be elected. 

7. The President shall, at stated times, receive for his services a com- 
pensation, which shall neither be increased nor diminished during the 
period for which he shall have been elected, and he shall not receive 
within that period any other emolument from the United States, or any 
of them. 

8. Before he enter on the execution of his office, he shall take the fol- 
lowing oath or affirmation : 

" I do solemnly swear (or affirm) that I will faithfully execute the office 
of President of the United States, and will, to the best of my ability, 
preserve, protect, and defend the Constitution of the United States." 



I. QUALIFICATIONS OF PRESIDENT AND YICEPRESI- 
DENT. In the Constitution there was nothing said in regard 
to the qualifications of the Vice-President; nor was it necessary 
since there was no such thing as a candidate for the Vice- 
Presidency; both were candidates for the Presidency. But 
the amendment which provides that a Vice-President be voted 
for as a separate candidate, also declares that the same qualifi- 
cations required for eligibility to the Presidency shall be 
required for eligibility to the Vice-Presidency. As the Vice- 
President is chf^Hen to fill the office of President in case of 



QUALIFICATIONS OF PRESIDENT AND VICE-PRESIDENT. 185 

vacancy, he should, of necessity, have the same qualifications 
as the latter. A person to be eligible to either office must have 
the following qualifications : 

1. Citizenship.— He must be a natural born citizen. No 
foreign-born person can fill the highest office in our govern- 
ment. This provision was made to o-uard as^ainst foreign 
influence, and the intrigues of ambitious foreigners for this 
position of honor and trust. One exception to this rule, 
however, was made in the Constitution: a citizen of the United 
States, at the time of the adoption of the Constitution, though 
a naturalized citizen, could hold the office of President. This 
exception was made because of the many citizens of foreign 
birth who had risked their lives and spent their fortunes in the 
protection of their adopted country through the bloody war of 
the Kevolution. To have denied them any privileges which 
were given the native-born citizen would have been gross in- 
justice. As all such persons have long since died, this provision 
no longer has any force. 

2. Ag-e. — He must be at least thirty-five years old. At this 
age a man's faculties are supposed to be fully developed, and 
he has had time in which to acquire the ex23erience in public 
affairs necessary for so high and responsible a j)osition. 

3. Residence. — He must have been fourteen years a resi- 
dent of the United States. Long residence in a foreign country 
tends to alienate the affections of a citizen from his native land, 
to make him favorable toward foreign institutions, and perhaps 
easily moved by foreign influence. It also serves to make him 
unfamiliar with the public affairs of his own country, and the 
people unfamiliar with him. For these reasons a fourteen 
years' residence in the United States is required. 

II, YA.CANCY. In case of the removal, death, resignation 
or disability of the President, the Vice-President fills his office 
for the remainder of the term. And in the case of the inabil- 
ity of both the President and Vice-President to act. Congress 
is given the power to provide by law for filling the vacant 
office, by declaring what officer shall then act as President. 

In 1881, at President Garfield's death Vice-President Arthur 
beca.me President. According to the law then in force in 



186 CIVIL GOVERNMENT OF THE UNITED STATES. 

regard to the Presidential succession, the office, after the Yice- 
President, devolved upon the President of the Senate, and, 
after him, upon the speaker of the House. Congress was not 
in session, and the Senate had neglected to elect a President 
pro tempore before adjourning. The House of Eepresentatives 
was a new body, and having never met, of course had elected 
no speaker. Therefore, had President Arthur died, or become 
unable to perform his duties, the country would have been 
without a President. But Congress soon assembled and the. 
Senate elected its President. 

In 1886, Congress passed a new law, providing that, in case 
of the removal, death, resignation or inability of both the 
President and Vice-President, the office of President shall 
devolve upon a member of the Cabinet, in the following order 
of succession: the Secretary of State, the Secretary of the 
Treasury, the Secretary of War, the Attorney-General, the 
Postmaster-General, the Secretary of the Navy, the Secretary 
of the Interior. These officers are all discussed hereafter, and 
it is sufficient now to know merely their titles of office, and 
their order in the Presidential succession. 

III. Salakies of the President and Tice-Presi- 

DENT. From the time of Washington's administration until 
1873, the annual salary of the President was $25,000. It was 
then increased to $50,000; but this is still small, compared to 
the sums paid the rulers of other civilized countries. 

The President's salary can neither be increased nor dimin- 
ished at any time during his term of office. If Congress could 
change his salary at pleasure, fear of a decrease or desire for an 
increase might influence the Chief Executive in his official acts 
and lead him to use dishonorable means to secure the favor of 
Congress. Hence when a change is made in the President's 
salary, it must take effect at the beginning of a term of office. 

The President has also the use of the Executive Mansion, 
which is taken care of, lighted, heated, and furnished. The 
grounds and gardens are cultivated and kept in order, the 
stable service and various other things provided, all of which 
together amount to nearly doubling his salary. 

He is forbidden to receive any emolument, except his salary, 
from the United States or from any State, in order to place 



QUALIFICATIONS OF PRESIDENT AND YICE-PRESIDENT. 187 

liini beyond the reach, of such influence. He may, however, 
accept gifts from private individuals, like any other citizen. 
The Vice-President receives an annual salary of $8,000. 

IT. Inauguration of President and Yice-Presi- 

DENT. Every four years, on the fourth, day of March, a new 
President and Yice-President are inaugurated. This is done 
with much ceremony and display, and thousands of people, 
from all over the United States, gather at Washington to 
ivitness the proceedings. The Yice-President is first inaugurated 
in the Senate Chamber. Many of the high officials of the gov- 
ernment gather in that room, together with the great throng 
of spectators. Just before noon the new Yice-President takes 
the oath to support the Constitution and faithfully perform 
his duties. He then assumes his place as presiding officer of 
the Senate, and makes a short speech to the Senators. After 
this the Senate adjourns, and all the officials march in a body 
to a large platform built out on the east side of the Capitol. 
There, in the presence of the yast throng who have gathered, 
the President takes the solemn oath of office prescribed by the 
Constitution, and administered by the Chief Justice. At its 
close according to the old custom, he kisses the Bible, after 
ivhicli he delivers his inaugural address. All these i^roceedings 
are simply matters of custom; the only necessary part is taking 
the oath of office. 

T. The White House. After his inauguration, the 
President is driven to the Executive Mansion, commonly called 
the White House from its color, which is to be his home for 
the next four years. This building is situated about a mile 
from the Capitol, and was the first public building erected in 
Washington. Here the President has his business offices, 
where he performs all his official duties; and here he receives 
the public, all classes of people who call upon him for business, 
curiosity or pleasure. Unlike the rulers of foreign countries, 
who are surrounded by ranks of officials, and guarded from 
contact with the people, our Chief Magistrate may be seen by 
anyone. On account of the death of two of our Presidents by 
assassination, many believe that the President should be pro- 
tected by a guard. 



188 CIVIL GOVEENMENT OF THE UNITED STATES. 



EXKCUTIVK F»OWKRS OK T^HK PRKSIDKNT. 

ARTICLE II; Section 'Z.—The Executive Powers of the President. 

1. Tlie President shall be commander-in-chief of the army and navy of 
the United States, and of the militia of the several States when called inta 
the actual service of the United States; he may require the opinion, in. 
writing, of the principal oflQcer in each of the executive departments, 
upon any subject relating to the duties of their respective offices; and he 
shall have power to grant reprieves and pardons for offenses against the 
United States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of the 
Senate, to make treaties, provided two-thirds of the Senators present, 
concur; and he shall nominate and, by and with the advice and consent 
of the Senate shall appoint, ambassadors, other public ministers and 
consuls, judges of the Supreme Court, and all other officers of the United 
States whose appointments are not herein otherwise provided for, and 
which shall be established by law ; but the Congress may, by law, vest 
the appointment of such inferior officers as they think proper in the Presi- 
dent alone, in the courts of law, or in the heads of departments. 

3. The President shall have power to fill up all vacancies that may hap- 
pen during the recess of the Senate, by granting commissions which shall 
expire at the end of their jnext session. 

Section 3. — The Executive Powers of the President, continued. 
\. He shall from time to time give to the Congress information of the 
state of the Union, and recommend to their consideration such measures- 
as he shall judge necessary and expedient. He may, on extraordinary 
occasions, convene both houses or either of them ; and in case of disagree- 
ment between them, with respect to the time of adjournment, he may 
adjourn them to such time as he shall think proper. He shall receive- 
ambassadors and other public ministers. He shall take care that the laws 
be faithfully executed; and shall commission all the officers of the United. 

States. 

Section 4. — Impeachment. 

1. The President, Vice-President, and all civil officers of the United 

States, shall be removed from office on impeachment for, and conviction. 

of treason, bribery, or other high crimes and misdemeanors. 



I. Commander-in-Chief. In order that there may be 
promptness, energy and unity of action in all military move- 




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EXECUTIVE POWERS OF THE PRESIDENT. 189 

ments, it is necessary that the command of the entire military 
iorce of a nation be placed in the hands of a single person. 
Therefore the President of the United States is made comman- 
der-in-chief of the army, the navy, and the State militia when 
in the service of the United States. Moreover, as it is the duty 
of the President to execute the laws of the country, to repel 
invasion, and to quell domestic insurrection, he should have 
vSufficient power placed at his disposal to accomplish these 
duties. 

The President is not expected to take the field in person, 
although he may do so if he chooses; but the command is 
^iven to such officers as he selects, and they act under his 
supervision. 

II. Opinions of Executiye Officers. We shall see 

hiereafter that the executive business of the Nation is distribu- 
ted among different departments. The President being held 
responsible for tlie entire executive work of the government, 
^should, of necessity, be able to command the means of acquiring 
information on all subjects connected with his duties. He 
may therefore require the heads of these different departments 
to give him their written opinion on any subject relating to the 
duties of their respective offices. 

III. REPRIEYES and Pardons, it sometimes happens, 
after sentence of punishment has been passed upon a person, 
that new testimony concerning his case is discovered, which 
indicates that he is guilty in a less degree, or entirely innocent. 
The punishment to which he was sentenced may then be most 
unjust, and there should be some power competent to delay the 
execution of the sentence until examination can be made, and, 
in case the accused is found innocent, to remit his punishment. 
There may also be instances in which the condemned person 
is really guilty of the crime, and, by the laws of the country 
justly condemned; yet, the facts show him to be the victim of 
such unfortunate circumstances as to warrant his release 
according to the laws of humanity and policy. But law is 
necessarily severe, and must take its course without reference 
to individual cases. Therefore the privilege is given the 



190 CIYIL GOVERNMENT OF THE UNITED STATES. 

President of exercising mercy by reprieves and pardons in those 
cases where the law seems to bear too heavily. In monarchiaL 
governments this power belongs to the sovereign. 

But in cases of impeachment the President is powerless to 
stop the course of the law. When public officials offend against 
the laws, or wilfully neglect and abuse their privileges, it was 
thought that after conviction there should be no power tO' 
hinder their removal from office. This privilege of granting 
reprieves and pardons extends only to cases of conviction by 
United States,courts. With State offenses the President may 
not interfere. 

lY. Treaties. Treaties may be made upon any subject;: 
peace or war against a common enemy, the return of escaped 
criminals, the mail, commerce or navigation. The making of 
treaties is a matter of much importance, and concerns the 
welfare of the people at large. It is a dangerous power for one 
person to possess, and therefore is given the President with 
great restrictions. He must submit all treaties to the Senate, 
and the consent of two-thirds of the Senators present is neces- 
sary to put them into effect. 

This provision does not mean that the President must do the 
work of negotiating the treaties. The agents of the twe 
governments always arrange and agree upon the terms, and a. 
copy of the articles of agreement is sent to each government to 
approve; both must ratify, or the treaty fails. The correspond- 
ence and work of negotiation are usually conducted with the 
greatest secrecy. The sessions of the Senate for considering 
such matters are closed to the public. It is thought that 
publicity in such case, is unsafe, by giving opportunity for 
interference from other powers. 

T. Appointments. The President is given the power to 
nominate certain officers, and, with the advice and consent 
of the Senate, appoint them. He has, therefore, exclusive 
power to select these officials; but their appointment depends 
upon the approval of the Senate. If his first choice is rejected 
by the Senate, he may select another, and so on, until his 
selection is approved. The Senate always considers appoint- 



EXECUTIVE POWEES OF THE PRESIDENT. 191 

ments in secret session. The officers whom the President and 
Senate may appoint are: 

1. Ministers and Consuls. — These are the agents who 
represent our government in foreign countries. 

The duties and powers of these agents will be hereafter given 
in connection with the Department of State. 

2. Judg-es. — Besides Judges of the Supreme Court, those of 
the Circuit, District, and other Federal courts are appointed by 
the President and Senate. 

3. Other Appointments. — The Constitution further pro- 
vides that the President and Senate may appoint other United 
States officers, whose appointments are not provided for in the 
Constitution, to offices which are established by law. This 
limits the President's power of appointment to offices that are 
established by Congress, and therefore prohibits him from 
creating any offices by the use of this power. Under this 
provision the President and Senate appoint all the other im- 
portant government officials; as heads of departments, revenue 
collectors, certain postmasters, military and naval officers and 
civil service commissioners. But the President is not always 
under the control of the Senate in the matter of appointments, 
for Congress, exercising the power given it, has vested the 
appointments of very many inferior officers in him alone, and 
in the heads of departments, who are appointed by him and 
under his control. 

This privilege of selecting the officers who are to aid him 
directly in his work, gives the President a better opportunity 
for carrying out his individual views. But a great danger lies 
in this power; for an unprincipled executive may use it simply 
to reward political favorites, regardless of the best interests of 
the people. 

YI. REMOYALS. The Civil Service of the United States 
consists of the whole body of persons employed by the govern- 
ment in its executive work, from the President's cabinet down 
to the lowest clerk, the army and navy excepted. This in- 
cludes in the neighborhood of 100,000 persons. Most of the 
officers, assistants and clerks in this service are appointed for 



192 CIVIL GOVERNMENT OF THE UNITED STATES. 

no particular term, and the Constitution is silent with regard 
to the power of removal from office where the length of the 
term is not fixed. It has always been the practice, however, 
that those appointed by the President or any other officer 
alone may be removed by the one appointing at any time; and 
now, in cases where the Senate must concur in the appoint- 
ment, the President, acting alone, exercises the power of 
removal. 

Til. CiTiL Service Commission, Unhappily a custom 

has grown into practice of late years by which each political 
party, when it comes into power, removes great numbers of 
civil service officers for no other reason than to place its own 
members in these positions. This corrupt practice is known 
as the spoils system, and is looked upon by thoughtful men as 
a great evil. Many efforts have been made to bring about a 
reform m the civil service, that is, to establish the custom of 
Tetaining, at least, the inferior officers who are competent and 
faithful, and of appointing such as are best fitted for office, 
regardless of their party faith. Of course the President should 
always be allowed the privilege of selecting his immediate 
advisers and chief officers; otherwise he might not be able to 
make a fair test of his political projects. 

Although no great results have, as yet, been reached in this 
matter of civil service reform, yet a decided movement has been 
made in that direction. A civil service commission, consist- 
ing of three persons, is appointed by the President with the 
consent of the Senate, not more than two belonging to any one 
political party. Their duty is to cause persons to be examined 
who are seeking a certain class of offices, and to have those 
selected who pass the best examinations. From these selec- 
tions the heads of the departments are obliged to make their 
appointments. The most important offices are not filled by 
this commission. 

Till. YacanCIES. Vacancies may occur in those places 
over which the President and the Senate have the power of 
appointment, when the Senate is not in session. In such in- 
stances, in order that these offices may not be left vacant for 



. EXECUTIVE POWERS OE THE PRESIDENT. 193 

■any length of time, the President is given power, acting alone, 
to fill, the vacancies temporarily. -He grants commissions, 
which expire at the end of the next session of the Senate. 

IX. The PRESIDENT'S Message. . At the beginning of 
.•every session, the President sends a message to Congress, in 
which, as the Constitution requires, he gives information of 
the condition of the country, and recommends such measures 
-as he deems advisable for the interests of the Nation. 

He may at any time send special messages to Congress, 
calling their attention to matters which need prompt consider- 
ation. 

X. Conyening and Adjourning Congress. The 

President may call an extra session of either or both houses of 
Congress, when extraordinary cases arise. He may also 
adjourn them when they cannot agree with respect to the time 
of adjournment. 

XI. Reception of Foreign Ministers. As the Presi- 
dent is the official at the head of our Nation, representing it in 

all its relations with foreign powers, it is highly prosier that he 
should receive the agents from other countries who have come 
here as representatives of their respective governments. 

A foreign minister presents his credentials, or the letters 
showing his authority, to the Secretary of State, who conducts 
him to the White House and presents him to the President. 
Both the President and the Minister then make short speeches 
expressive of the friendly relations between the two countries. 
The reception of foreign ministers, although a mere matter of 
form, is, in reality of great importance, as the nature of the 
President's reception involves serious questions concerning the 
relations of the two governments. If the President should 
refuse to receive a minister, it would be considered a direct 
insult to the country sending him. 

XII. Execution of the Laws, tms is the most im- 
portant duty the President has to perform. More than all else 
he must see that the laws of the Nation are obeyed. 

13 



194 OIYIL GOYEKNMENT OF THE UNITED STATES. 

XIII. Commissions, a commission is a written certifi- 
cate of appointment issued by the proper authority. The 
President must commission all the officers of the United States. 
He signs each commission, and the Secretary of State affixes to 
it the seal of the United States. 

XIT. REMOVAL BY IMPEACHMENT. We have already 
seen how the President and the Vice-President and other civil 
officers of the United States are removed from office on im- 
peachment for and conviction of treason, bribery or other high 
crimes and misdemeanors. 



THE SUBORDINATE EXECUTIVE DEPARTMENTS. 195 

Thirty-Ninth I^ksson:. 



THK SUBORDINATE KXKCUTIVE 
DKF»ART]VIENTS. 

I^ Their Necessity and Names. The enormous exec- 
utive business of our country could not possibly be attended to 
in detail by the President alone and unaided. The work is 
therefore divided among eight subordinate departments: the 
Department of State, of the Treasury, of War, of Justice, the 
Post-Office Department, the Department of the Navy, of the 
Interior, and of Agriculture. But the President is personally 
responsible for the conduct of the business in all these depart- 
ments. 

II. The Cabinet. The President appoints a chief officer 
or secretary for the head of each department, and these together 
form his Cabinet. Nothing is said in the Constitution concern- 
ing such a body of advisers. It was arranged that the President 
might require the written opinions of the heads of dei^artments 
but no provision was made for forming such officers into a 
council for advising in matters of state. 

Among the delegates to the Philadelphia Convention were 
some who desired to provide for a Cabinet, which should assist 
the President in performing his duties, but should have no con- 
trol over his official actions. But the Convention wished to 
avoid doing anything that would even apjDcar to lessen the 
personal responsibility of the Chief Executive, therefore the 
plan was rejected. However President Washington followed 
the practice of calling the heads of departments together upon 
important occasions, to consult and give opinions concerning 
the matters in question; President John Adams followed his 
example; and President Jefferson submitted questions to the 
vote of his Cabinet. Thus the custom became established, and 
the President calls his Cabinet together at the Executive 
Mansion whenever he sees fit, for the purpose of advising upon 
governmental matters. These sessions are secret, and their 
proceedings are not recorded. The Cabinet has no legal 



196 CIVIL GOVERNMENT OF THE UNITED STATES. 

authority as a body, its action is merely advisory, and the 
President is not bound by its judgments. 

The salary of each Cabinet officer is $8,000 per annum. 

III. Department of State. This department ranks 
the highest in importance of the eight, and was organized at 
the beginning of the National G-overnment. It is ]3resided 
over by the Secretary of State, who is the only officer in the 
Nation empowered to communicate with other nations in the 
name of the President of the United States. 

The entire business of our government with foreign govern- 
ments is conducted through this department. Our rej)resen-' 
tation abroad is entrusted to two sets of agents — American 
Ministers assigned to the Diplomatic Service, and American 
Consuls assigned to the Consular Service. 

1. I'lie Diplomatic Service. — The Ministers sent to 
• foreign countries represent our government in a political 
capacity, and are of four grades: 

1. Ambassadors. 

2. Envoys Extraordinary and Ministers Plenipotentiary. 

3. Ministers Eesident. 

4. Charges d' Affaires. 

Diplomatic agents of the first three ranks are accredited to 
the heads of government of the countries to which they are 
sent; that is, they are sent directly to those rulers, with cre- 
dentials which show their diplomatic character and rank. 
Agents of the fourth rank are accredited to the ministers of 
foreign affairs of the countries to which they are sent, and can 
only transact business with them. 

Although these ministers differ in title and rank, there is 
very little difference in their powers and duties. They must 
all carry out the instructions of the President, communicated 
through the Secretary of State; keep their own government 
informed of all matters that concern its interest in foreign 
countries; protect the persons and property of their fellow 
countrymen abroad; arrange the terms of treaties and all other 
negotiations between our country and foreign countries; and 
attend to the settlement of any difficulties tliat may arise with 
other powers. 



THE STJBORDINATE EXECUTIVE DEPARTMENTS. 197 

Ministers of the rank of Ambassador were first appointed 
and received by the United States in President Cleveland's 
second administration. They are now sent to Great Britainy 
France, Germany, Italy and Russia. It follows that the min- 
isters who represent these countries at Washington are of this 
highest rank; for diplomatic etiquette requires that two powers 
always shall exchange agents of the same rank. The lower 
grades of ministers are sent to the less important powers. The 
highest salary paid in the diplomatic service is 117,500. 

The ministers reside at or near the capitals of the countries 
to which they are sent, and enjoy many peculiar privileges. 
They, their families, secretaries and. servants, are not subject 
to the laws of the countries where they are stationed. Their 
houses, over which the flag of our ^Mation floats, are considered 
as belonging to the United States, the same as though situated 
in this country. Persons can be married there according to 
our own laws, no matter what the laws of those countries may 
be; and, in time of war, Americans are safe in the houses of 
their ministers. 

The term Legation is applied to the whole body of diplo- 
matic agents of a particular nation, residing at or near the seat 
of government of a foreign power; as, the French Legation at 
Washington, or the American Legation at Paris. 

2. Tlie Consular Service. — Consuls represent the com- 
mercial interests of our country, and have nothing whatever to 
do with its political affairs. They are more numerous than 
the diplomatic agents, and deal chiefly with the rights and 
interests of individuals, instead of governments. They reside 
at foreign seaports. Ail foreign countries frequented by 
American citizens are divided into consular districts, and for 
each one a consul is appointed. 

Their principal duty is to see that the commercial laws of 
the country are properly enforced, and that our commerce,- 
merchants and seamen are protected. They must keep a record 
of all American vessels entering port, the number of seamen, 
the tonnage of the vessel, the value of the cargo, and many 
other similar items; and they must particularly provide for 
destitute seamen, at the expense of .the United States. , 



198 CIVIL GOVERNMENT OF THE UNITED STATES. 

If an American dies abroad and there is no legal representa- 
tive at hand, the consul of that particular district takes charge 
of the estate and remits the proceeds to the United States 
treasury, where it is held for the legal claimants. 

Consuls are not entitled to the privileges of diplomatic 
agents, but are subject to the laws of the country in which 
they are respectively stationed, the same as all citizens or sub- 
jects of that country. 

3. Passports. — It is this department which gives and re- 
cords all passports. These certificates, issued by our govern- 
ment, certify that the person named and described therein is a 
citizen of our country. They are obtained by Americans who 
wish to travel through foreign countries. Our government 
does not require a passport of anyone traveling through this 
country; but many of the foreign nations are afraid of plots 
and insurrections, and require travelers to show passports in 
order to prove who they are, and that they are genuine visi- 
tors. A person who has no passport is liable at any time to be 
imprisoned in those countries. 

4. Tlie Archives of tlie United States. — The Secretary 
of State has charge of all the archives of the government — the 
original copies of all laws, treaties, and other ofiicial docu- 
ments. These are kept in the large granite building where the 
business of the Department of State is conducted. 

5. The Seal of the United States. — This same officer is 
also keeper of the great seal of the United States, which, by 
direction of the President, he affixes to official papers, as an 
evidence of their authenticity. 

6. Other Duties. — The State Department must publish all 
laws passed by Congress, and distribute them among the 
officials, and send copies to all the States. It must proclaim 
the adoption of amendments to the Constitution, and attend 
to the publication of the Presidential messages and other 
official documents requiring publication by law. When new 
States are admitted to the Union, or new territories organized, 
the fact must be publicly announced by the State Department;. 
a,nd there are numerous other lesser duties. The head of this 



THE SUBORDINATE EXECUTIVE DEPAETMENTS. 199 

department is assisted by three assistant secretaries and many 
minor officials and clerks. 

IT. Department of the Treasury. This department 

was organized by Alexander Hamilton, a few months after the 
establishment of the National Goyernment. Its rank is next 
to that of the Department of State, and at its head is the 
Secretary of the Treasury, who must not be personally inter- 
ested in trade or commerce. The business of this department 
has, since its creation, steadily increased, until it has assumed 
yast proportions. 

Some of the numerous duties of the Secretary of the Treasury 
are: to propose plans for securing public revenue and main- 
taining public credit; to prescribe the form of keeping the 
public accounts; to make annual reports of the state of the 
financial condition of the government; to superintend the col- 
lection of the revenue, and to issue warrants upon the treasury 
for all moneys appropriated by Congress. He has two assistant 
secretaries and a great number of clerks and other employees. 
Thereare between three and four thousand of them at Wash- 
ington alone. 

The treasury business is divided among numerous subordi- 
nate departments called iureaus. 

1. Six Bureaus of Auditors have charge of examining and 
settling all accounts. 

2. Two Comptrollers examine the accounts that the 
Auditors have passed upon, and certify them to the Eegister. 

3. A Commissiouer of Internal Revenue oversees the 
collection of all internal revenue moneys. The United States 
is divided into eighty-two internal revenue districts, over each 
of which are placed officers subordinate to this commissioner. 

4. A Commissioner of Customs attends to the collection 
•of duties on imported goods. 

5. Tlie Treasurer of tlie United States has the care of 
all the millions of the people's money, and pays it out accord- 
ing to law. This money is deposited in the strong vaults of 
the large granite treasury building at Washington. His duties 
are similar to those of a bank cashier. 



200 CIVIL GOVERNMENT OF THE UNITED STATES. " 

6. Tlie Bureau of Engraving and Printing has charge- 
of the making of paper money. The most extreme care is 
taken in manufacturing this money, to prevent counterfeiting. 
The paper on which the bills are printed is manufactured, 
according to a secret process, and every sheet must be accounted 
for to the government. The engraving and printing, and all 
the work down to the signature of the treasurer, is conducted 
with the same care; and during the process the bills are counted 
more than thirty times, to make sure that none have been lost 
or stolen. 

7. The Director of the Mint. — The place where mo"ney is 
coined is called a mint. The United States Government haS; 
established its principal mint at Philadelphia, and branch 
mints at San Francisco, New Orleans and Carson City. The 
Director of the Mint has charge of the entire work of coining 
money. During the process the coins are watched and counted 
with the same care as the paper money. 

8. The Comptroller of the Currency has charge of the: 
National Banking system. In 1863 Congress passed a law' 
creating this system. A company of five or more ]Dersons may 
organize themselves into a cor^Doration and obtain permission 
from the government to establish a national bank. They are: 
required, first, to buy United States bonds and deposit ^them 
with the treasurer of the United States. If their purchase- 
amounts to $100,000, the government then furnishes to the 
bank $90,000, or nine-tenths of the sum, in blank national 
bank bills, which, when signed by the proper officers of the 
bank, are put into circulation and loaned like other money. 
The bank also receives interest on the government bonds it 
purchased. 

These banks are required to create a surplus fund, by setting 
apart -each year ten per cent, of their profits, until the fund is 
equal to twenty per cent, of the whole capital. TKis is done 
in order to make good any losses which may occur. They are 
also -required to keep a reserve fund, of about twenty per cent.' 
of the- capital - stock, in gold and silver coin, -so that thoso 
holding bank notes may convert them into 'gold and silver "by 
presenting them to the bank: that issued them.- - :.;... /. 



THE SUBOEDINATB EXECUTIVE ,PBP4ETMENT8. 201/ 

If a national bank fails, its bills are still good, because its 
government bonds, held by the United States treasurer, are 
sufficient to redeem them. All the national banks are based 
upon the same svstem, and their notes are a National currency; 
so that the bills of a Maina bank pass at par in Texas as well 
as at home. 

9. The Keg-ister of tlie Treasury has under his care all 
the account books of the department. These show the exact 
financial condition of the country. 

10. The Solicitor of the Treasury is a lawyer appointed 
to transact the legal business of the department. If the gov- 
ernment prosecutes for counterfeiting, for breaking the revenue 
laws, or for any crime committed against the financial interests 
of the country, this officer conducts the suit. 

1 1 A Bureau of Statistics make yearly reports concerning 
the trade and commerce of the country, and monthly reports 
of the moneys taken in and paid out. 

12. Other Bureaus.-One of the.most important duties of 
this department is making an annual estimate of the amount 
of money which will be needed to pay the expenses of the gov- 
ernment for the current year. These estimates are «ent to 
Congress at the beginning of a session, in order that that body 
may make appropriations to meet such expenses. ^ 

Besides all these financial duties, strangely enough, the 
department is given the charge of the light-houses, beacons 
buoys, marine hospitals, life-saving service, and what ver 
relaL; to the security of navigation. It also has control of 
the custom-houses and the erection of public buildings. 

The life-saving service is one of the most worthy branches 
of our government work. Its object is to render assis anc o 
ysselsLd seamen who are in peril. The ^"if/;^- 

aid the Atlantic and Pacific coasts, ^.tween the ye^ Jl, 

when the service was organized, -^^''^''^ZJ^'^vmZt 
nearly 40,000 human lives, besides many millions of property. 



2C2 CIVIL GOYEENMENT OF THE UNITED STATES. 

Fortieth Lksson. 



THE SUBORDINATE EXECUTIVE DEPART- 
]VIENTS, Continued. 

I. The Department of War is in charge of the Secre- 
tary of War, who represents the President in his capacity of 
commander-in-chief of the army. He has the general over- 
sight of the whole army, but the work is divided among 
different bureaus, superintended by army officers: 

1. Tlie Adjutant General keeps a list of the soldiers, and 
attends to matters relating to their enlistment and discharge. 
He issues the orders of the President, and carries on all corre- 
spondence connected with army affairs. 

2. Tlie Quartermaster General attends to lodging the 
soldiers, buying their clothing, horses, and various other 
supplies. 

3. The Commissary General provides food for the soldiers. 

4. The Surg-eon General has charge of the medical work, 

5. The Paymaster General settles the bills. 

6. Other Bureaus.— There is also a bureau of artillery; of 
ordnance or guns; a bureau for building forts and bridges; and 
a bureau of military justice or courts- martial, for the trial of 
military offences, in charge of o, judge-advocate-general. 

7. The Signal Service is connected with this department. 
It was organized to furnish methods of communication in the 
military service, particularly on the battle field, at distances 
beyond reach of the human voice. By day a system of signals 
hy flags is employed, and at night torches and rockets. The 
electric telegraph is also used when possible; and in times of 
action it is erected, between important stations, at a very rapid 
rate. 

The school at Port Whipple, Virginia, is for the purpose of 
training men in this work of the Signal Service. 



THE SUBORDINATE EXECUTIVE DEPARTMENTS. 203 

8. The Military Academy at West Point.— The Army 

Department has oversight of this Military Academy, where 
l3oys are educated to be army officers, at the expense of the 
government. One cadet is allowed for every member or dele- 
gate to the House of Representatives, one for the District of 
Columbia, and ten from the United States at large. Each 
member of the House recommends one boy from his district, 
and the appointment is made by the President, who also has 
the appointment of the others. But the applicants must not 
be less than seventeen nor more than twenty-two years of age; 
they must be sound in mind and body; and must pass the 
required examinations in the ordinary English branches. The 
instruction is of a high grade, and the discipline severe. Each 
cadet binds himself to serve the United States eight years 
from the time he is admitted to the Academy, a part in the 
regular course of study, and the remainder in the army. In 
case a war arises, these men are expected to serve as officers of 
volunteer regiments. 

Department of Justice. The ofO-ce of Attorney- Ge^ieral 
was created in 1789; but it was not until 1870 that a Depart- 
ment of Justice was established, with this official at its head. 
He is the chief law officer of the government, and acts as legal 
adviser to the President and the heads of departments. His 
especial duty is to represent personally the United States in all 
■cases it may have in the Supreme Court. He has general 
oversight of the United States district attorneys and marshals, 
who are scattered throughout the Union, the former of whom 
perform the same general work as himself in the courts of less 
importance. 

The Attorney- General is assisted by a solicitor-general, two 
assistant attorneys-general, the law officers of the other depart- 
ments, and many clerks, copyists, etc. 

III. POST-OFFICE Department. 

1. Its History. — The carrying of private letters was origin- 
-ally conducted by private enterprise; slaves, pedlers, ship 
merchants and others were entrusted with the work. When 
ships landed in the large ports, families sent certain ones on 



2Qtt CIVIL GOVERNMENT OF THE UNITED STATES. 

board to receive their letters, and the mail not thus taken was 
left at the nearest coffee-house. The first person coming in. 
from each neighborhood would then carry back with him and 
distribute the letters belonging in his locality. 

Finally the government of the Massachusetts Colony ordered 
that a certain man's house should be the place for receiving alt 
letters from beyond the sea, and that the owner should be 
allowed a penny for each letter delivered. Afterward Virginia, 
passed a law requiring each planter to convey dispatches as 
soon as they reached his plantation, or forfeit one hogshead 
of tobacco. Later on New York established a monthly mail 

to Boston. 

Early in the eighteenth century the English government 
began to give its attention to the postal system of the colonies;, 
but nothing of any importance was accomplished until Benja- 
min Franklin was made Postmaster-General,, in 1753. For 
twenty years he conducted the work in a most efficient manner, 
but was then removed, on account of his action in opposing 
British tyranny. 

Among the first acts of the Continental Congress was the 
appointment of Franklin for Postmaster-General of the United 
Colonies; and the government under the Constitution never 
passed any formal act creating this department, but, from the 
first, recognized it as already existing. 

The Post-Office department is, therefore, the oldest of the 
eight executive departments; but the Postmaster-General was 
not admitted to a seat in the Cabinet until at President Jack- 
son's request, in 1829. 

Previous to 1845 it cost from six to twenty-five cents, 
according to distance, to send a letter containing a single 
sheet; then tiie rates were reduced to from five to ten cents; 
but the postage always had to be paid by the receiver at the 
end of the route. Reductions have since been made, until 
now we can send a letter anywhere in our country for two 
cents on each ounce. 

2. Officers. — The Postmaster-General has the supervision 
of the enormous, work of this department: establishing post 
offices; awarding contracts for carrying the, mails;, directing 



THE SUBORDINATE EXECUTIVE DEPAETMENTS. 205 

the routes; appointing postmasters; making postal treaties; 
arranging the styles of stamps, government envelopes, postal 
cards, etc. He is aided, by three assistant postmasters-general, 
an ^ assistant attorney-general, a superintendent of foreign 
mails, a superintendent of the money order department,, and 
.others. 

3. Postmasters.— Scattered throughout the United States 
are great numbers of post-offices, each little community 
usually having one, which is in charge of an official called a 
postmaster. Postmasters who receive a salary of $1,000 or 
■more are appointed by the President, with the consent of the 
Senate; while all others are appointed by the Postmaster- 
■General. Next to the President, the Postmaster-General has 
the most extensive power of appointment. 

4. Classes of Mail Matter.— All mailable matter is divi- 
ded, according to our present laws, into four classes: 

1. TJie first class consists of written matter, and everything 
in sealed packages or envelopes. 

2. The second class embraces periodical publications, as 
newspapers and magazines. 

3. TJie third class includes all miscellaneous printed matter, 
books, pamphlets, circulars, etc. 

4. The fourth class consists of merchandise. 

5. Cheap Postage. — England first made the experiment of 
•cheap postage; and when it Was found that the experiment 
was successful, our country followed her example. Always as 
the rates of postage have been diminished here, the receipts of 
the department have increased. 

The present rates of postage are: for the first-class matter, 
two cents per ounce or fraction of an ounce; for the second 
class, one cent per pound, or fractional part; for the third-class, 
one cent for each two ounces or fraction; and for the fourth- 
olass, one cent per ounce or fractional part of an ounce. There 
are a few exce23tions to these general rates. 

6. Tlie Universal Postal Union. — In 1874 most of the 
civilized nations of the world entered into a j^ostal league, 
which provided that mail should be carried from one country 



206 CIVIL GOVERNMENT OF THE UNITED SfC^l3:ES. 

to another, of those forming the union, at a uniform tad&a of 
postage: letters five cents per one-half ounce, and postal car^ 
each two cents. Uniform rates were also fixed for the other 
classes of mailable matter. 

7. Transmission of Money. — Many of the post-offices, 
issue money orders, in order that those wishing to send sums 
of money up to a certain amount by mail, may do so with 
safety. 

8. Free Delivery. — In every city of fifty thousand or more 
inhabitants, free delivery of mail matter is required by law;, 
and in every place containing not less than ten thousand in- 
habitants, free delivery may be established. 

IT. Department of the Nayy. At first there was but 

one department for the army and navy; but it was found that 
two sets of officers were needed to carry on the work, and so, 
in 1798, the separate Navy Department was created. 

The Secretary of the Navy performs the same work for the 
navy as the Secretary of War for the army. The work of this, 
department is distributed among eight bureaus: 

1. The Bureau of Yards and Docks superintends all 
matters relating to the navy yards. These yards are located 
at various large seaports, and contain shops for building and 
repairing war vessels, storehouses for supplies and ammunition, 
houses for officers who superintend the works, and necessary 
wharves. 

2. A Bureau of Construction and Repairs, which at- 
tends to the work of building and repairing vessels, 

3. Other Bureaus. — The bureaus of navigation, of ord- 
nance, of steam engineering, of provisions and clothing, of 
medicine and surgery, and of equipment and recruiting, per- 
form the work indicated by their titles. 

4. The Hydrographic OflB.ce. — This is an office which 
issues nautical charts and maps and sailing directions for the 
use of navigators. It has charge of the great Naval Observa- 
tory at Washington, with its immense telescope, for studying 
the heavens and acquiring such information of the stars as 
assists sailors in navigating their vessels. 



THE SUBOKDINATE EXECUTIVE DEPAKTMENTS. 207 

5. The :N^aval Academy at Annapolis is UDder the 
charge of the Secretary of the Navy. This school is for the 
training of naval officers, and is similar in most respects to the 
Military Academy at West Point. Boys who enter must be 
between the ages of fourteen and eighteen. The same number 
is allowed as at West Point, and appointments are made in the 
same manner. The course of study covers six years, two of 
which are spent at sea. The naval cadet, on graduation 
becomes a midshipman, and is subject to promotion as vacan- 
cies occur. 

Y. Department of the Interior. This department 

was not created until 1849, when it was found that there were 
so many matters which could not be attended to by the other 
departments that a new one was necessary. It was originally 
called the Home Department, because its work is so closely 
related to the people. A miscellaneous assortment of duties 
has been collected under this department, and the Secretary 
of the Interior has an immense amount of business to superin- 
tend. He has two assistant secretaries, and the work here is 
also divided among bureaus. 

1. The Bureau of Public Lands has control of all the 
public lands until they become the property of States or of 
individuals. 

2. The Census Office. — It is through the Interior Depart- 
ment that the United States census is taken every ten years. 
A Superintejident of CeJisus is appointed for each enumeration, 
who holds his office only until the work of taking the one cen- 
sus is accomplished. Besides merely numbering the population, 
a great variety of statistics is collected in regard to the occupa- 
tions, nationality, etc., of the people. A multitude of persons 
is appointed throughout the country to do the work, which is 
accomplished, as nearly as possible, in one day, in order to 
avoid counting the same persons twice. 

3. The Pension Office. — Ever since the Eevolutionary 
War, our government has made liberal provision for soldiers 
and sailors who have become disabled in actual military service, 
and in cases of death, for their dependent families. This 



208 CiyiL GOYJEKNMENT 01!- THE FNITED STATES. 

"work^ which is a branch of the Interior Department, is placed 
in the hands of a Commissioner of Pensions. 

^ 4t. The Patent Oflace. — We have already seen how the 
Work of granting patents is done, through the Commissioner of 
Patents. The Interior Dej^artment controls this office. 

5. Tlie Bureau of Education is also contained in this 
department. 

6. The Bureau of Indian Affairs has charge of all the 
Indians of the United States; of their reservations; of feeding, 
clothing and governing them; of making treaties with them; 
and of the schools which have been established for their edu- 
cation. 

7. The Bureau of Science, or the Geolog-ical Survey, 

sends out jDarties of scientific men, who explore the unknown 
parts of the country, trace the sources of rivers, measure the 
heights of mountains, examine the soil and the natural pro- 
ductions, search for traces of the ancient, inhabitants; and, in 
various ways, advance the scientific interests of the country. 
This bureau has a great National Museum under its charge, at 
Washington, which contains many objects of interest connected 
with the history and nature of our country. 

8. Bureau of Public Documents. — All of the executive 
departments, and many of the offices under them, publish an- 
nual reports of their work. These are printed and bound in 
books, and distributed, free of expense, to any of our people 
desiring them. Many of them are very valuable, as they con- 
tain information on numerous subjects of interest relating to 
pur country and its government. They are usually obtained by 
application to members of Congress. This bureau of the Inte- 
rior Department, has charge of these books. 

TI. Department of Agriculture. This was not made 

into a distinct executive department, represented in the cabinet, 
until 1889. The Secretary of Agriculture collects useful, in- 
formation concerning agriculture, and causes it to be spread 
abroad among the people. He collects and distributes new and 
valuable seeds and plants; employs skilled chemists :and natural- 



THE SUBORDINATE EXECUTIVE DEPARTMENTS. 209 

ists to make practical experiments; and, in all possible ways, 
promotes the interests of agricnltnre throughout the Union f 

The Weather Bureau or Meteorological Bureau belongs to 
this department. There are nearly five hundred stations in 
different parts of the country, where careful observations are 
taken concerning the conditions of the atmosphere, and tele- 
graphed three times each day to the central ojffice at Washing- 
ton. From these reports the probable character of the weather 
is foretold for the next twenty-four hours, and the news pub- 
lished in the daily ^^apers and elsev\^here, and orders sent to 
display warning signals at such ports as are threatened with 
dangerous storms. This service also takes observation of the 
rise and fall of lakes and rivers, and the tides on the coast, by 
means of which people are warned of approaching floods. 



14 



210 CIVIL GOVERNMENT OF THE UNITED STATES. 

FoRTY-KiRST Lesson. 



UNITED STJ^TES COURTTS. 

ARTICLE III.— Judicial Department. 

Section 1. — United States Courts. 

The judicial power of the United States shall be vested in one Supreme 
Court, and in such inferior courts as the Congress may from time to 
time ordain and establish. The judges, both of the supreme and inferior 
courts, shall hold their oflQces during good behavior, and shall, at stated 
times, receive for their services a compensation, which shall not be dim- 
inished during their continuance in office. 



I. Necessity for a National Judiciary. To allow 

the courts of the individual States to interpret and enforce the 
provisions oi the Constitution and the laws of Congress would 
give rise to the same serious misunderstandings which marked 
the government of the Confederation. Each State would be 
prejudiced according to its own peculiar interests; and one 
would decide that a certain law meant one thing, while another 
would hold that it had an entirely different meaning; and laws 
that bore heavily on particular sections would not there be sus- 
tained. In order that there may be a strong, uniform and 
peaceable administration of the laws, a National Judiciary to 
interpret and enforce them impartially for the whole Union is 
a necessity. That it should be distinct from the legislative and 
executive departments, in order to secure full liberty to the 
people, we have already seen. 

II. Federal Courts. The Constitution itself establishes 
the Supreme Court of the United States, and vests in Congress 
the power of creating inferior courts according to its judgment. 
Congress has, therefore, established two regular inferior grades, 
the Circuit and District Courts, and a number of other courts- 
for special sections or peculiar work. 

1. Supreme Court of the United States. This is the 

highest tribunal in the land, and from its decisions there is no 




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IJNITED STATES COURTS. 211 

appeal. If it decides that a provision of the Constitution has 
a certain meaning, all the people in the land must abide by 
that decision. If it declares a law of Congress to be unconsti- 
tutional, that law becomes only so much waste paper. 

This court consists of one Chief Justice and eidit Associate 
Judges. It holds an annual session, beginning on the second 
Monday in October. Its daily sessions usually commence at 
twelye o'clock, and continue four or five hours. The nine 
Judges, attired in full gowns of black silk, sit in chairs on a 
raised platform, before a long desk, opposite the entrance door 
of the Supreme Court Chamber. They are a most learned and 
dignified body of men, selected for their great legal ability and 
integrity of character from among the most eminent and ex- 
perienced lawyers of the country. 

All cases are decided by a majority. Whenever five of the 
Judges agree on a question, that must be the decision of the 
court. 

2. Circuit Courts. — The United States is divided into nine 
judicial circuits, each circuit comprising several States. The 
nine Judges of the Supreme Court are each assigned to one of 
these divisions, and for each circuit there are also appointed 
two or three Circuit Judges. 

The Circuit Court may consist of the Supreme Court Jus- 
tice alone, of the Circuit Court Judge alone, or of both to- 
gether, or of either together with a District Court Judge. 

Each Circuit Judge has the power to appoint as many com- 
missioners as he deems necessary to assist in the performance 
of judicial work. The principal duties of these ofiicers are to 
arrest and hold for trial persons accused of offences against the 
United States, and to assist both the Circuit and District 
Courts in taking testimony to be used in the trial of cases. As 
the matter of a few hours, or even minutes, is of great im- 
portance in securing criminals, it is necessary that there should 
be persons in every section competent to do commissioners' 
work. Therefore Congress has passed an act which provides 
that any judge or magistrate of either State or Federal Covern- 
ment may perform the duty of commissioner. 

3. Circuit Courts of Appeals. — In 1891 these courts were 



212 CIVIL GOVERNMENT OF THE UNITED STATES. 

created to relieve the Supreme Court of a part of its too nu- 
merous duties. 

Eacli Circuit Court of Appeals consists of the Supreme 
Court Justice assigned to that circuit and two Circuit Court 
Judges. In the case of the absence of any of these three 
judges, his place is filled by one of the District Judges of that 
circuit, 

4. District Courts. — The circuits are divided into districts, 
in each of which a District Court is held. The divisions are 
made so that each State has at least one of these courts, New 
York, Texas, Alabama and Indian Territory have three each; 
many of the other States are divided into two districts, while 
the remaining ones form each a single district. 

A resident Judge is appointed for each of these divisions, 
and constitutes the District Court. For each, also, a Marshal 
and District Attorney are appointed by the President. The 
Marshal is the executive officer of the district, with duties sim- 
ilar to those of a sheriff; he also has charge of taking the 
United States census in his respective district. The District 
Attorney is the law officer of the United States for his division, 
with duties corres^Donding to those of a county attorney. 

5. Court of Claims.— It is an established principle in the 
law of nations, that a government cannot be sued by a private 
individual, unless with its own consent. It would be incon- 
sistent with sovereignty. After our government had existed 
more than half a century, it was found that Congress was con- 
stantly petitioned by individuals for debts which they claimed 
the government owed them. Sometimes it was for services 
rendered, sometimes for articles furnished for public use, and 
again for land which the government had taken without pay- 
ing the full price demanded. These claims were difficult to 
settle, and very troublesome to Congress. On this account 
that 'body created ' a Court of Claims, where all such cases 
should be tried. This court consists of a chief-justice and four 
other judges, and is held in Washington the year round, except 
for a few months in summer. 

The claims considered here are those growing out of the laws 
of Congress or the regulations of the executive departments, or 



UNITED STATES COURTS. 213 

any contract with the National Government; also claims which 
either house of Congress may see fit to refer to it for decision. 
When a case is decided in favor of a claimant, it is at once 
referred to Congress, and that body usually makes the neces- 
sary appropriations. But there is nothing compelling it to 
thus respond to the decisions of this court. 

6. Other Courts. — Congress has established the following 
additional courts: 

1. The Court of tlie District of ColumUa, which tries both 
civil and criminal cases for that District. 

2. Territorial Courts in the territories, having about the 
same powers as the State and Federal Courts h^ve within the 
States. 

3. Courts-Martial, consisting of militarv or naval officers 
for the trial of crimes and offenses committed in the army and 
navy. 

4. Military Courts, organized in times of war, within those 
sections actually in a state of war, where ordinary courts can- 
not perform their regular duties. 

5. Consular Courts, in which American consuls in service in 
foreign countries are allowed to try important cases arising 
between Americans and foreigners in their commercial trans- 
actions. 

III. Federal Judges. 

1. Appointiiient. — We have previously seen that these 
officers are appointed by the President and the Senate. 

2. Term of Office. — Federal Judges hold their office by 
Constitutional provision, during good behavior; and this, in 
most cases, means for life. This is the only dej)artment of 
government where offices are held for so long a term. It was 
intended that these officers should be wholly independent of 
the people and of any appointing power, so long as they did 
not abuse their trust, in order to insure just and impartial 
decisions. 

3. Removal from Office. — But they are not beyond the 
reach of the law themselves. Xone are in our free government, 
no matter how higl>the office they may hold. If these judges 



214: CIVIL GO VEHEMENT OF THE UNITED STATES. 

abuse the great trust placed in their hands, by any misconduct 
in office, they may be removed by impeachment, the same as 
other officials. But in no other way is it possible to remove a 
Federal Judge from office. They may, of course, resign if they 
so desire. Twice it has happened that a Supreme Court Judge 
became unsound of mind, and not having sufficient judgment 
left to resign, and there being no way in which he could be 
honorably discharged, a most unpleasant situation resulted. 

4. Salaries. — All judges must receive a compensation for 
their services, and this must not be diminished during their 
continuance in office. Thus they are not dependent upon the 
favor of Congress. The salary may be increased, however. 
As the term of office is so long, a salary sufficiently large at the 
time of appointment might, in the course of time, become very 
inadequate for the necessary expenses of living. 

The salary of the Chief- Justice of the United States is $10,- 
500 per annum; of the Associate Judges, 110,000; of the Cir- 
cuit Court Judges, 16,000; and of the District Court Judges, 
15,000. 

It is provided by law that any Federal Judge, after he 
reaches the age of seventy years, if he has served ten years, 
may retire from the bench, and for the remainder of his life 
receive the same salary that was paid to him at the time of his 
retirement. 



JUKISDICTIOX OF THE UNITED STATES COURTS. 215 

Korty-Skcond Lesson. 



JURISDICTION OK THE UNITED STATES 

COURTS. 

Article III, Section 2.— Jurisdiction of the United States Courts. 

1. The judicial power shall extend to all cases in law and equity aris- 
ing under this Constitution, the laws of the United States, and treaties 
made, or which shall be made, under their authority; to all cases affect- 
ing ambassadors, other public ministers, and consuls; to all cases of 
admiralty and maritime jurisdiction; to controversies to which the 
United States shall be a party; to controversies between two or more 
States; between a State and citizens of another State; between citizens of 
different States; between citizens of the same State claiming lands under 
grants of different States; and between a State, or the citizens thereof, 
and foreign states, citizens or subjects. 

2. In ail cases affecting ambassadors, other public ministers, and con- 
suls, and those in which a State shall be party, the Supreme Court shall 
have original jurisdiction. In all the other cases before mentioned, the 
Supreme Court shall have appellate jurisdiction, both as to law and 
fact, with such exceptions and under such regulations as the Congress 
shall make. 

3. The trial of all crimes, except in cases of impeachment, shall be by 

jury; and such trial shall be held in the State where the said crime shall 

have been committed; but when not committed within any State, the 

trial shall be at such place or places as the Congress may by law have 

directed. 

Section 3. — Treason. 

1. Treason against the United States shall consist only in levying war 
against them or in adhering to their enemies, giving them aid and com- 
fort. No person shall be convicted of treason unless on the testimony of 
two witnesses to the same overt act, or on confession in open court. 

2. The Congress shall have power to declare the punishment of treason; 
but no attainder of treason shall work corruption of blood or forfeiture, 
except during the life of the person attainted. 



I. Jurisdiction of the United States Courts in 

General. The United States Courts do not have jurisdic- 
tion in all kinds of cases, but only such as are specified in the 
Constitution. These are: 



216 CIVIL GOVERNMENT OF THE UNITED STATES. 

1. Cases Arising- under the Constitution, Laws and 

Treaties.— The United States Courts are given jurisdiction in 
.all these cases, in order that the interpretation of the N"ational 
laws may be uniform, and that the l^ational Judiciary may 
not be dependent upon the States for the interpretation and 
enforcement of its own laws. 

It will be observed that the words of the Constitution are, 
''all cases in law and equity." Courts of Equity are for the 
trial of extraordinary cases, for which no plain and complete 
remedy can be had in the courts of law. Such courts adapt 
their decisions to the circumstances of the case, and the 
peculiar rights of the parties interested. This the courts of 
common law cannot do, since they are bound to give an abso- 
lute judgment, either for the plaintiff or defendant. These 
peculiar cases are the ones to which reference is made. 

2. Cases Affecting- Ministers and Consuls. — The official 
agents, sent here from foreign countries, must be protected in 
their rights and privileges, if we would continue our friendly 
relations with the governments sending them. As the National 
Government is held responsible for the treatment of these 
ministers and consuls, the Federal Courts are given jurisdiction 
in all cases affecting them. 

3. Cases of Admiralty and Maritime Jurisdiction. — 

These are cases arising on the sea or connected with vessels; as, 
cases of collision, of captures in time of war, or claims for re- 
pairing vessels, or contracts for carrying freight or passengers. 
Under this head are also included cases originating on the 
great lakes and navigable rivers. 

On the high seas all nations claim equal right and jurisdic- 
tion; thus many of our admiralty cases affect foreigners. For 
this reason. admiralty jurisdiction is given the United States 
Courts. Still another reason is that such matters are con- 
nected with the regulation of commerce; and yet another, that 
the States have no jurisdiction over the ocean. 

4. Controversies in wliicli tlie United States is a Party. 
— Oases in which the whole people are interested should cer- 
tainly not be left to the courts of an individual State. Unless 
the United States Courts had jurisdiction in such cases, the 



JURISDICTION OF THE UNITED STATES COURTS. 217 

rights and powers and privileges of the Nation would be at the 
mercy of the States, and the Union would not long be able to 
maintain its existence. 

5. Cases A£fecting Different States or tlieir Citizens. — 

This class of cases was placed within the jurisdiction of the 
Federal Courts, for the purpose of preventing dissensions 
among the States. They are the cases which affect two States 
or the citizens of two States; and it could hardly be expected 
that the courts of any State would always render impartial 
decisions where its own interests or those of its citizens were 
thus involved. 

The cases mentioned, in which citizens of the same State 
claim lands under grants of different States, are cases in which 
States, disagreeing over their boundaries, have granted the 
same tract of land to different individuals. 

Controversies between a State or its citizens, and foreign 
states, citizens or subjects are settled in the United States 
Courts for the same reasons that the cases of this section are so 
decided. 

The part of this provision which refers to suits brought 
against a State by citizens of another State, or foreign citizens 
or subjects, is now void by the eleventh amendment. We 
shall see when we reach that subject, that no private citizen or 
subject can now bring suit against a State. 

II. JURISDICTION OF THE INDIYIDUAL COURTS. 

1. Of tlie Supreme Court. — The only cases in which the 
Supreme Court has original jurisdiction are those affecting 
foreign ministers and consuls, and those in which a State is a 
party. These cases were thought to involve such important 
interests that they should be referred to the highest judicial 
tribunal. 

The chief business of this court is to review the decisions of 
inferior courts; from which circumstance it derives much of its 
great dignity and importance. But Congress has complete 
control of this appellate jurisdiction; and if at any time that 
part of the work becomes too great, Congress may transfer a 
portion to the inferior courts; or it may, at any time, extend 
such jurisdiction. 



218 CIVIL GOVEENMENT OF THE UNITED STATES. 

2. Of tlie Circuit Courts. — By act of Congress, these 
courts have original jurisdiction in suits between citizens of 
different States, and between aliens and citizens, when the 
amount involved exceeds two thousand dollars. Also in suits 
under the revenue, patent and copyright laws; and in cases 
involving the grants of different States. All crimes and 
offences committed against United States laws, which are 
punishable by death or heavy penalties, are tried in these 
courts. 

3. Of the Circuit Courts of Appeals. — These courts have, 
as their name imj^lies, only appellate jurisdiction. They can 
review, in certain cases, the decisions of the Circuit and Dis- 
trict Courts. In some cases, an appeal may be made from 
these courts to the Supreme Court; in other cases, their de- 
cisions are final. 

4. Of the District Courts. — The jurisdiction of these 
courts extends to the lesser crimes and offences, committed in 
their respective districts, against the laws of the United States. 
Minor offences on the high seas are also tried in these courts. 

III. Arbitration. Very often matters of difference are 
settled by arbitration, instead of in the regular courts of law. 
This is done by referring the disputed matters to disinterested 
persons, mutually agreed upon by the contending parties. The 
opinion of the arbitrators is called an aivard; and the parties 
to tlie arbitration are bound by this decision. Cases of crime 
cannot be disposed of in this manner. 

In modern times nations often resort to this intelligent and 
peaceful method of settling differences, instead of appealing to 
arms and the horrors of war. One of the most famous cases 
of this kind on our records is the Alabama case. During the 
Civil War, American vessels and cargoes were seized by vessels 
built in England, and sometimes sailing under English colors, 
prominent among them being the Alabama. Our government 
demanded compensation of the English government for these 
dejiredations; but England claimed to know nothing of such 
vessels, and would not be held responsible for their work. The 
dispute continued until, in 1871, the two nations agreed to 



JUKISDICTIOX OF THE UNITED STATES COURTS. 219 

settle the matter by arbitration. Five commissioners were 
appointed, one each by England, the United States, Brazil, 
Switzerland, and Italy. This tribunal assembled in Geneva, 
Switzerland, and, after a thorough examination of the matters 
submitted to them, awarded our government fifteen and one 
half million dollars in gold. Great Britain promptly paid the 

award. 3 ± ^ 

Claims against our government are often submitted to such 

commissions for settlement. 

IT. THE TRIAL OF CRIMES. All persons charged with 
crime* are given the privilege of a trial by jury, except in cases 
of impeachment, and then the whole body of Senators act as 
jury. This clause also provides for trying crimes m the States 
where ^ej are committed, or, if not committed in a State, at 
such places as Congress may direct. The sixth amendment 
enlarges upon this subject, and under that head the matter 
will be further discussed. 

T. TREASON. 

1 Definition.— Treason has always been regarded as the 
hio-hest crime a citizen or subject can commit, because it has 
for its object the overthrow of the government. Nations pro- 
tect themselves against this crime by inflicting upon traitors 
the severest and many times the most barbarous and degrading 
punishments. There is always a tendency, especially m time 
of great political excitement, to construe innocent acts as trea- 
sonable. Many times wicked kings and judges have so inter- 
preted harmless deeds or words, in order to rid themselves of 
obnoxious persons. And there are to-day numerous govern- 
ments which, fearful of merited destruction constanJy see 01 
claim to see, in the ordinary speech and action of then sub- 
jects, proof of treason, and inflict barbarous punishments 

"tTS against the possibihty of such wrongs, the Consti- 
tution^mphalcally declares that -thing but n.ak.ngacu^^ 
war against the United States, or giving aid and comfoit to its 
€nemi°es, shall be called treason. 



220 CIVIL GOVERNMENT OF THE UNITED STATES. 

2. Proof. — It further provides that, unless a person makes-. 
confession of treason in open court, he cannot be convicted of 
the crime, but by the testimony of two witnesses to the same 
open act. Even in cases of murder, the direct testimony of 
one competent witness is sufficient to convict; and, where 
there is no direct testimony to the commission of the crime, 
strong circumstantial evidence is often deemed sufficient. But 
the danger of convicting innocent persons of treason Avas con- 
sidered so great as to demand these strong safeguards. 

3. Punishment. — It was left with Congress to prescribe 
the punishment for traitors; but one restriction was placed 
upon its power. No attainder of treason, that is, judgment 
by a court, should work corruption of blood, or forfeiture, 
after the death of the traitor. We have already seen how, 
formerly, in England, the punishment for treason worked 
forfeiture of property and corruption of blood. Here innocent 
people are not punished for the crimes of their relatives. Con- 
gress has passed a law which provides that no conviction of 
crime against the United States shall work corruption of blood 
or any forfeiture of estate. 

The punishment for treason has been fixed by Congress at 
death, or, at the discretion of the court, imprisonment for not 
less than five years and a fine of not less than ten thousand 
dollars. 



EELATICNS OF THE STATES. 221 



Forty^Thire) I^ksson. 



RKLATIOIMS OK THE STTATES. 

ARTICLE IV. — Relations of the States. 
Section 1. — Public Records, 

1. Full faith and credit shall be given, in each State, to the public acts, 
records aad judicial proceedings of every other State, And the Congress 
may, by general laws, prescribe the manner in which such acts, records, 
and proceedings shall be proved, and the effect thereof. 

Section 2. — Privileges of Citizens. 

1. The citizens of each State shall be entitled to all privileges and im- 
munities of citizens in the several States. 

2. A person charged in any State with treason, felony or other crime, 
who shall flee from justice and be found in another State, shall, on 
demand of the executive authority of the State from which' he fl.ed, be 
delivered up, to be removed to the State having jurisdiction of the 
crime. 

3. No person held to service or labor in one State, under the laws 
thereof, escaping into another, shall, in consequence of any law or reg- 
ulation therein, be discharged from such service or labor; but shall be 
delivered up on claim of the party to whom such service or labor may be 
due. 

Section 3. — New States and Territories. 

1. New States may be admitted by the Congress into this Union ; but 
no new State shall be formed or erected within the jurisdiction of any 
other State; nor any State be formed by the junction of two or more 
States, or parts of States, without the consent of the Legislatures of the 
States concerned, as well as of the Congress. 

2. The Congress shall have power to dispose of, and make all needful 
rules and regulations respecting, the territory or other property belonging 
to the. United States; and nothing in this Constitution shall be so con- 
strued as tD prejudice any claims of the United States or of any particular 
State. 

Section 4. — Guarantee to the States. 

1. The United States shall guarantee to every State in this Union a 
republican form of government, and shall protect each of them against 
invasion; and, on application of the Legislature, or of the Executive- 
{when th(; Legislature cannot be convened), against domestic violence. 



222 CIVIL GOVERNMENT OF THE UNITED STATES. 

I. State HECORDS. The j^uhUc ads. mentioned in the 
first clause, have reference to the laws made by the State 
Legislatures; the records mean all matters that are recorded bv 
law, and also include the laws, as well as real estate records, 
etc. ; the judicial proceedings are the acts of the courts, judg- 
ments, orders, etc., and refer only to civil cases. Full faith and 
credit must be given these acts, records and proceedings of each 
State, in every other State in the Union; that is, the other 
States must give them the same credit which the State itself 
gives its own records and proceedings. If a person is sued in 
Iowa, and a decision rendered against him, it may be enforced 
in whatever State he goes. 

If it were not for this clause, each State might provide that, 
no matter how many times cases had been tried in the courts 
of other States, it would not enforce their decisions until the 
.suits had been tried agam in its own courts. In this way 
questions which had been once decided would be open to liti- 
gation as often as one of the parties removed to another State, 
and endless confusion and misunderstandings would follow. 

Congress has prescribed the manner in which public acts, 
records and proceedings may be proved, and has declared that, 
when thus proved, they shall have the same faith and credit 
given them in every court of the United States as they have in 
the courts of the State from which they are taken. 

II. PRIYILEGES OF Citizens. Although the States have 
supreme power over matters which do not belong to the Gen- 
eral Government, yet they cannot have two kinds of laws and 
two kinds of privileges, one for their own citizens and the 
other for citizens of other States. The Constitution forbids 
this. The moment a citizen of one State enters another State, 
he may buy, hold and sell property there, engage in any trade 
or profession, and be protected by the laws of the State the 
same as its own citizens. No power can withhold these rights 
from him. 

It is said that this provision has done more to make the 
citizens of this country one people than any other in the Con- 
stitution. 



RELATIONS OF THE STATES. 223 

III. FUGITIYE CROIINALS. If a person, committing a 
crime in one State, could cross over the borders into another 
State, and at once be freed from the power of the law, every 
State in the Union would soon become an asylum for thieves 
and murderers, and crimes of every description would increase 
with every year. 

Since the officers of one State have no power to perform 
official actions in another, it is of the highest importance that 
criminals fleeing from justice should be delivered up to the 
State having jurisdiction, by the authorities of the State in 
which the fugitives are found. 

The Constitution declares that this shall be done. The 
person must first be charged with crime, as the law prescribes, 
before a court of competent jurisdiction. In the meaning of 
this provision a crime is whatever the laws of the State which 
makes the demand declare to be a crime. The governor must 
then send a requisition or demand to the governor of the State 
in which the fugitive is found, for his delivery. 

Although, the framers of the Constitution made provision for 
tlie return of fugitive criminals, they did not make any men- 
tion of compelling such action; and the Supreme Court has 
decided that there is no way in which it can be done. How- 
ever, the requisition is usually complied Avith; though there 
have been numerous cases in which a governor has refused to 
give up a fugitive criminal, and thereby caused serious conten- 
tions between the States concerned. 

The gravest troubles caused by such, refusals arose during 
the years of slavery. According to the laws of the slave States, 
persons who induced slaves to escape from their masters were 
criminals. The governors of free States many times refused to 
comply with requisitions for such criminals, because they felt 
their deeds to be so far removed from crime that compliance 
could not be conscientiously made. 

IT. FUGITITE Slates. Throughout the proceedings of 
the Constitutional Convention, whenever questions arose that 
involved the subject of slavery, the op2:)osition of the North to 
that institution was plainly manifest in the bitterness of the 
debates which followed. The South, foreseeing the abolition 



224: CIVIL GOVERNMENT OF THE UNITED STATES. 

of slavery in other Northern States than Massachusetts, feared 
that such States would then become a refuge for escaping slaves; 
and since, by the common lav/ a slave escaping into a non-slave 
holding State became free, they would have no security in 
the possession of their slave property. They, therefore, wanted 
some provision made by which they could reclaim their fugitive 
slaves. The Northern States, though greatly opposed to this 
yet feared that the Southern States would not otherwise accept 
the Constitution, and consented to such provision. Since the 
abolition of slavery, that part of the provision relating to 
slaves has been obsolete; and, although apprentices are also 
included within its meaning, it has always had little effect 
with regard to them. 

t. goternment of united states territory and 
Other Property. 

1. Org-anizecl Territories.— When a section of territory 
belonging to the United States becomes sufficiently populated 
to require a local government for insuring -pesice and safety to 
its 2:)eople, the inhabitants petition Congress to organize them 
into a territorial government. If thought advisable by Con- 
gress, the request is favorably considered, and a bill is passed 
organizing the territory under some name, which is usually 
suggested by the people themselves. 

The President then appoints a governor, judges, and certain 
other officials, and the Senate confirms his appointments. The 
people themselves elect a Legislature. 

This government is conducted in very much the same 
manner as State governments; but the territories in reality, 
have none of the individual rights which the States possess. 
Congress has the supreme control of these governments. It 
can pass any laws, and enforce them within the territories, or 
annul any laws passed by their Legislatures. 

The people of the territories have no share in Presidential 
elections, and send no Senators or Eepresentatives to Congress. 
By an act of the National Legislature, however, each territory 
is allowed one delegate in the House of Eepresentatives, but he 
has no vote. He looks after the interest of his own territory 
as he can best do so. He is entitled to speak in the House upon 



RELATIONS OF THE STATES. 225 

fill questions relating to the interests of the people whom he 
represents, and is thus able often to influence the legislation 
affecting his territory. 

2. Indian Territory.— All of the territories of the United 
States are now under organized governments with the excep- 
tion of Indian Territory. This was set apart as a permanent 
home for the Indians, both those who are natives of the 
territory, and those who have been removed thither from other 
sections. Each tribe owns the portion of country given it bv 
the National Government. They are allowed to make and 
execute their own laws, and live according to their own 
customs and manners. Some tribes have become civilized to 
a considerable extent, having churches, schools, and a form of 
government resembling that of neighboring States. If they 
commit crimes against white men, they may be tried and pun- 
ished in United States courts sitting m the districts of certain 
adjoining States. 

In 1889 a section of about eighty-seven townships, in the 
heart of this territory, having been purchased by the United 
States government of the Creek and Seminole nations, was, by 
proclamation of President Harrison, opened to white settlers. 
This section is called Oklahoma, meaning the Indian Countr}^ 
It is probable that still larger sections will be purchased of the 
Indians and ojjened to settlement. 

The control of this territory is in the hands of Congress. 

3. Yellowstone Park. — Until within recent years, the val- 
ley of the Yellowstone River was little known to white men, 
and the Indians, filled with suj^erstitious dread of its boiling 
springs and spouting geysers, had avoided the region, which 
seemed to them the dwelling place of evil spirits. 

But after the valley had been fully explored by Professor 
Hayden and his party, the United States government decided 
to set it apart as a joerpetual National Park. In this way the 
wonders of the place are preserved in a state of nature, and will 
always be free to the whole people. This park contains over 
thirty-five hundred square miles, and was taken almost entirely 
from Wyoming. Congress has complete control of the section. 

15 



226 CIVIL GOVERNMENT OF THE UNITED STATES. 

4. Other Property. Besides having full power over all ter- 
ritory belonging to the United States government, Congress 
also controls all other National property. Under these heads 
are included all territory and other property not belonging to 
any State. 

TI. Admission of New States. 

1. Why the Constitution Provides for Their Admis- 
sion. — At the close of the Eevolutionary War there were large 
tracts of unoccupied territory, claimed by several States within 
the vague descriptions of their charters. Those States which 
had none of this territory insisted that, as all alike had given 
their blood and property to wrest it from the British crown, it 
ought to become the property of the United States, and go 
toward paying the expenses of the war. There was a long con- 
troversy over this subject, and Congress finally passed a resolu- 
tion declaring that these lands, if ceded to the G-eneral Gov- 
ernment, should be disposed of for the common interests of the 
people; and should be settled and formed into distinct repub- 
lican States, to become members of the Federal Union. 

New York then took the lead in surrendering her part of 
this land; and the other States, Virginia, Massachusetts, Con- 
necticut, South Carolina, North Carolina and Georgia, fol- 
lowed her example, at various dates. Thus, in the Constitu- 
tion, Congress was given the power to admit new States. The 
Articles of Confederation contained no such provision. 

2. The Fears of tlie States Quieted. — But the large 
States were afraid, if Congress had unlimited power in the 
matter, that they might each be divided into several small 
States; and the small States feared lest two or more of them 
be united to form large States. Consequently Congress was 
forbidden to do either, without the consent of the Legislatures 
of the States concerned. 

3. Petition for Admittance. — When a territory becomes 
sufficiently populated, and desires to have a State government, 
it petitions Congress to admit it into the Union. A State now 
to be admitted must contain a population large enough to en- 
titlft it to at least one Kepresentative in the House. Sometimes 



RELATIONS OF THE STATES. 22 T 

evil practices exist in a territory which make Congress fearful 
of giving it the power of a State government, although it has 
sufficient population. Thus territories may be kept waiting 
outside a long time before Congress will open the door of the 
Union to them. 

4. Admission — Ordinarily, in admitting States, Congress 
passes what is called an Enabling Act, which authorizes the 
peoi^le to frame and adopt a constitution, and provides for the 
admission of the State upon certain conditions. Then the peo- 
ple of the territory, either in Convention, or through their 
Legislatures, frame their constitution. This is submitted to 
Congress, and, if it is in full accord with the Constitution of 
the United States and our republican government, and if all 
the conditions imposed by Congress have been properly com. 
plied with, the National Legislature formally admits the new 
State into the Union. 

Sometimes the people of a territory are allowed to form a 
constitution and elect officers to administer it, and then sub- 
mit it to Congress and apply for admission. 

Of the thirteen original States, seven were free States and 
six slave States at the time of the adoj)tion of the Constitution. 
Por more than half a century afterward, slave and free States 
were admitted in such order as to preserve the balance of power 
in the Senate. 

Til. REPUBLICAN GOYERNMENT GUARANTEED. The 

United States must see to it that every State has a republican 
form of government. If one State could establish a monarchy, 
and another an aristocracy, and another have no government 
at all, there would soon result such conflicts and confusion as 
would destroy the Constitution itself. 

The National G-overnment is also bound to protect any 
State against foreign invasion, and against domestic violence, 
if the State so requests. This is to further provide against the 
republican government of any State being overthrown, either 
by a foreign enemy or by its own people. 



228 CIVIL GOVEKNMENT OF THE UNITED STATES. 

Forty- Kourth: Lksson:. 



TvdlSCKLIvANKOUS PROVISIONS. 

ARTICLE V. — Power of Amendment. 

The Congress, whenever two-thirds of both houses shall deem it neces- 
sary, shall propose amendments to this Constitution, or, on the applica- 
tion of the Legislatures of two-thirds of the several States, shall call a 
convention for proposing amendments, which, in either case, shall be 
valid to all intents and purposes as part of this Constitution, when ratified 
by the Legislatures of three-fourths of the several States, or by conven- 
tions in three-fourths thereof, as the one or the other mode of ratification 
may be proposed by the Congress; provided that no amendment which 
may be made prior to the year one thousand eight hundred and eight 
shall in any manner affect the first and fourth clauses in the ninth section 
of the first article, and that no State, without its consent, shall be deprived 
of its equal suffrage in the Senate. 

ARTICLE VI.— National, Debts; Supremacy of National Law; 
Oath, Religious Test. 

1. All debts contracted and engagements entered into before the adop- 
tion of this Constitution shall be as valid against the United States under 
this Constitution as under the Confederation. 

2. This Constitution, and the laws of the United States which shall be 
made in pursuance thereof, and all treaties made, or which shall be made, 
under the authority of the United States, shall be the supreme law of the 
land; and the judges in every State shall be bound thereby, anything in 
the constitution or laws of any State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and the mem- 
bers of the several State Legislatures, and all executive and judicial offi- 
cers, both of the United States and of the several States, shall be bound 
by oath or affirmation to support this Constitution ; but no religious test 
shall ever be required as a qualification to any office or public trust under 
the United States. 

ARTICLE VII. — Ratification of the Constitution. 

The ratification of the Conventions of nine States shall be sufficient for 
the establishment of this Constitution between the States so ratifying the 
same. 

Done in Convention, by the unanimous consent of the States present, 
the seventeenth day of September, in the year of our Lord one thousand 
seven hundred and eighty-seven, and of the Independence of the United 
States, of America the twelfth. 



MISCELLANEOUS PROVISIONS. 229 

AMENDMENTS TO THE CONSTITUTION. 
ARTICLE I. — Freedom of Religion, of Speech, and of the Press. 

^Congress shall make no law respecting an establishment of religion, or 
prohibiting the free exercise thereof; or abridging the freedom of speech, 
or of the press ; or the right of the people peaceably to assemble, and to 
petition the government for redress of grievances. [Adopted 1791.] 



I. Amendment of Constitution. NTo one can proceed 

thus far in the study of our government, without being deeply 
impressed with the marvelous intellect and wisdom of the men 
who made our Constitution. And by the power of this same 
intellect they comprehended that no human code of laws could 
ever be perfect, and that no Constitution could be made which 
would provide for the wants and necessities of a growing 
nation, before those needs existed. Therefore they provided 
in this body of laws a method by which it could itself be 
changed. 

But these same men had seen and experienced the troubles 
which continually arose when another government had made 
and changed their laws at its pleasure, and also when the laws 
of a feeble central home government had been defied and over- 
thrown at the will of jealous States; and so they made the 
alteration of this Constitution so difficult a thing that it could 
not be done at the fickle desire of a few States, or even a bare 
majority, but only when the great mass of the people really 
desired it; for only the people themselves can make these 
changes. 

Only by the following method can the Constitution be 
amended: 

1. How Proposed. — Whenever Congress, by a two-thirds 
vote of each house, desires that a certain amendment or amend- 
ments be proposed, they may then submit their proposition to 
the States. 

Or, if the Legislatures of two-thirds of the States apply to 
Congress to call a convention for proposing amendments, that 
body must comply with the request. This latter method has 
.never yet been used. But if at any time Congress should 



230 CIVIL GOVERIS-MENT OF THE UNITED STATES. 

refuse to jDroj^ose some desired amendment, the States them- 
selves could take the matter into their own hands by means of 
this second way provided. 

2. How Ratified. — After an amendment has been pro- 
posed, it must be submitted to the States for approval. Con- 
gress must declare whether this shall be done by the Legisla- 
tures or by conventions called in each State for the purpose. 
If the Legislatures or conventions of three-fourths of the 
States ratify the amendment, it then becomes a part of the 
Constitution. Thus far all amendments that have been made 
have been ratified by the Legislatures. 

3. Restrictions. — But there is one j^rovision of the Consti- 
tution which can never be amended, and that is the one giving 
the States equality in the Senate. This provision was made in 
order to still further secure the smaller States against loss of 
power in that body. 

Another restriction was also added, concerning the slave- 
trade and direct taxes, which is now without effect. 

II. National Debts. In order to satisfy the creditors 
of the Colonial Government that the new government would 
assume all the debts and keep all the engagements of its prede- 
cessor, the clause to that effect was inserted. 

III. Supremacy of National Latv. The next clause 

declares that the Constitution, laws of Congress, and treaties, 
shall be suiweme, no matter what the coustitutions or 
laws of any State may be. It is this provision which gives 
effect to the whole Constitution. By it, if any State law or 
constitution conflicts with the law of the Xation, the former 
is void, and the judges of the State courts must hold it so. 

IT. Oath of Office, a solemn oath or affirmation tends 
to make a conscientious man more painstaking in the execu- 
tion of his duties, while it binds the consciences of men of less 
principle as, perhaps, nothing else will do. This was consid- 
ered a matter of such importance, that the provision was 
inserted expressly requiring every officer of the three depart- 
ments of both State and Xational Couernment to be bound by 



MISCELLANEOUS PKOVISIOXS. 231 

oath or affirmation to support the Constitution of the United 
States. They are usually required to swear, also, that they 
will faithfully perform the duties of their office to the best of 
their ability. 

It is in order that persons who have conscientious scruples 
against taking an oath, as, for example, the Quakers, may not 
be excluded from office, that a solemn affirmation is allowed 
to be made instead of an oath. 

T. Religious Test. But no National officer can ever be 
required to declare himself in favor of, or against, any religious 
belief, as a qualification for office; every citizen of this country 
has perfect freedom in his religious faith. States may, if they 
so desire, require religious tests of their officers, and some have 
■done so; but usually it is forbidden in the State constitutions. 

TI. A Bill of Rights. When the Constitution was 
submitted to the States for their approval, among the most 
serious objections raised against it was the omission of a Bill 
■of Eights. By this was meant a formal declaration of those 
rights of the people which were most important to their lib- 
-erty. Several of the States for some time refused to ratify, 
because of this omission, but finally yielded, at the same time 
expressing a decided desire that these additional provisions be 
made. 

Although these rights were not conferred upon the people, 
by direct guarantees of the Constitution, yet it was believed by 
the framers of that instrument, and by many others, that this 
in no way interfered with the full liberty of the people. Be- 
cause the i^ational Government could only exercise such pow- 
ers as were given it by the Constitution, and because all other 
powers and privileges were reserved to the States, they held 
that these rights in question belonged to the people, since they 
were not taken away by the Constitution, just the same as 
though expressly enumerated therein. 

But the experience of the colonists with Great Britain had 
made them so suspicious of a central government's abuses and 
usurpations, that their fears, in this instance, could not be 
quieted; and the first Congress, at its first session, proposed 



232 CIVIL GOVERNMENT OF THE UNITED STATES. 

twelve amendments, ten of wliicli were ratified by the required 
number of States. These ten are called the American Bill of 
Eights, and they place limitations on Federal authority only. 
The States themselves are not bound by these provisions, but 
their Constitutions, without exception, contain similar guar- 
antees. 

YII. Religious Liberty. Some of the most cruel and 
bloody ^persecutions of history have resulted from the resistance 
of subjects to the attempts of their government to compel their 
religious worship according to certain prescribed forms. Gov- 
ernments have always been slow to learn that their jurisdiction 
does not extend over a man's conscience, but only over his rela- 
tions to his fellow-men. They have repeatedly declared certain 
churches to be the churches of state, and have insisted upon 
their subjects worshiping according to the rules and forms of 
those joarticular churches, no matter what the beliefs of the 
people themselves might be. Our forefathers were familiar 
with the dark history of those countries where church and 
state had thus been united, and therefore they forbade Con- 
gress ever to make any church a state church, or any religion 
a state religion, or in any way to interfere with the religious 
institutions and convictions of the people. 

This does not mean that a man may offer human sacrifices,, 
or do anything that will interfere with the liberty of others, 
under cover of religious beliefs. His liberty in such matters 
extends only to himself. 

Till. Freedom of Speech and the Press. One of 

the strongest safeguards of a tyrannical and corrupt govern- 
ment lies in its power to control both the spoken and printed 
words of its subjects. If people who are not satisfied with 
their government are allowed to speak their criticisms freely, 
and scatter them widely by publication, the j^opular discontent 
is excited and increased until the danger of open rebellion 
becomes constant. But where the government is by the people 
themselves, every citizen should have the right to discuss freely 
all public measures, and to criticise fearlessly the official acts 
of officers, always provided he does so with good motives. In 



MISCELLANEOUS PROVISIONS. 233 

our country every citizen possesses the right of speaking or 
printing whatever he chooses. But it must not be supposed 
that this gives him the right to abuse such freedom, to wrong 
others in their rights or property or reputation, or to publish 
what is blasphemous or injurious to public morals. 

All of the States have laws which furnish protection against 
slander and libel. Slander consists in maliciously attacking a 
person's reputation by word of mouth; charging him with an 
offense punishable by infamous punishment, with unfaithful- 
ness in office, or with want of integrity or capacity in conduct- 
ing business. 

Lihel is a published slander; and the publication may be by 
writing or printing, or by pictures or caricatures. Any publi- 
cation is a libel which blasphemes God, or brings contempt or 
ridicule upon the Christian religion; or is immoral or obscene; 
or imperils the peace of the country by personally abusing a 
foreign sovereign or his officers; or brings false and malicious 
charges against the law or government of the country; or 
blackens the memory of the dead, or injures the reputation of 
the living. 

In the law, libel is considered a greater offense than slander, 
because the attacks are made with more deliberation, have a 
wider circulation, and thus are more injurious in their effects. 
Libel is an indictable offense and therefore i3unishable crim- 
inally; and at the same time the party libeled may bring civil 
action for damages. Slander is not indictable. It is consid- 
ered an injury only to the person slandered, and he may bring 
action for damages. 

. IX. The Right of Assembly. Congress cannot pre- 
vent the people of this country from peaceably assembling, 
whenever and wherever they will; neither has any State ever 
called this right into question. In many governments the 
rio-ht of assembly, even peaceably, is denied the people, because 
of the opportunities which it affords for plotting rebellion and 
war; but those are the governments in which the people have 
little or no power; here, where they have all power, there is 
small danger of their plotting against themselves. 

The frequent coming together of the people of a free coun- 



234: CIVIL GOYERNMENT OF THE UNITED STATES. 

try, to deliberate upon matters of political importance, instead 
of endangering the public peace, does much to foster it; for the 
spirit of ° patriotism is strengthened by keeping the masses 
informed on the workings of their free government, and legis- 
lation is influenced in the right direction. 

When, however, any assemblage becomes riotous, or threatens 
to result in public disorder, it may be suppressed according to 
the laws of the States. 

X. The Right of Petition. One reason why the king 
and Parliament would not listen to the petitions of the colon- 
ists, was that they thought the people had no right to meddle 
with the affairs of government in such manner. Naturally, 
when it was found that the Constitution did not especially 
acknowledge the right of petition, the people desired to have 
it done. They wanted the power of the law behind them 
whenever they thought best to ask for the repeal of oppressive 
laws, or the enactment of new ones, or to call the attention of 
the government to any matter of wrong and injustice. 

It has been held that this was an unnecessary declaration of 
the Constitution, because the right of petition would never be 
denied in a government founded upon such principles as ours. 
But for many years fierce debates arose in Congress over this 
right. The presentations of petitions concerning slavery were 
bitterly opposed by many of the members. This proved the 
wisdom of our fathers in inserting the provision. 

The right of petition is an important one. By it members 
of the government obtain valuable information of the wants 
and needs of the people. Thus many a wrong is righted which 
otherwise might not have come within the knowledge of 
the government. It is also an admirable method of placing a 
legislative body under the direct control of public opinion. 



AMENDMENTS TO THE CONSTITUTION. 235 

FOIRTY^KIKTH I^KSSON. 



AJMENDIVIENTS TO THK CONSTITUTION, 

ARTICLE II. — Right to keep Arms. 

A well-regulated militia being necessary to the security of a tree State, 
the right of the people to keep and bear arms shall not be infringed. 
[Adopted 1791.] 

ARTICLE III. — QuAKTEMNG Soldiers in Private Houses. 

. No soldier shall, in time of peace, be quartered in any house without 
the consent of the owner, nor in time of war, but in a manner to be pre- 
scribed by law. [Adopted 1791] 

ARTICLE IV.— Search Warrants. 

The right of the people to be secure in their persons, houses, papers 
and effects against unreasonable searches and seizures shall not be viola- 
ted; and no warrants shall issue but upon probable cause, supported by 
oath or affirmation, and particularly describing the place to be searched 
and the persons or things to be seized. [Adopted 1791.] 

ARTICLE Y. — Criminal Proceedings. 

No person shall be held to answer for a capital or otherwise infamous 
-crime, unless on a presentment or indictment of a grand jury, except in 
cases arising in the land or naval forces, or in the militia when in actual 
service, in time of war and public danger; nor shall any person be subject 
for the same offence, to be twice put in jeopardy of life or limb; nor shall 
be compelled, in any criminal case, to be a witness against himself; nor 
be deprived of life, liberty or property without due process of law; nor 
shall private property be taken for public use without just compensation. 
[Adopted 1791.] 

ARTICLE VL— Rights op Accused Persons. 

In all criminal prosecutions, the accused shall enjoy the right to a 
speedy and public trial by an impartial jury of the State and district 
wherein the crime shall have been committed, which district shall have 
been previously ascertained by law; and to be informed of the nature and 
cause of the accusation ; to be confronted with the witnesses against him ; 
to have compulsory process for obtaining witnesses in his favor; and to 
have the assistance of counsel for his defence. [Adopted 1791.] 



236 CIVIL GOVERNMENT OF THE UNITED STATES. 

AKTICLE VII.— Jury Trial in Civil Cases. 
In suits at common law, where the value in controversy shall exceed 
twenty dollars, the right of trial by jury shall be preserved; and no fact 
'tried by a jury shall be otherwise re-examined in any court of the United 
States than according to the rules of common law. [Adopted 1791.] 



I. The Right to Bear Arms. The main principle 
upon whicli the government of absolute monarchies is based is 
that of ruling by fear. This makes the keeping of large stand- 
ing armies a necessity, and often, too, the disarming of the 
people. There is always the danger of a standing army in any 
country usurping the rights of the people, by being made the 
instrument of ambitious men. Although the Constitution' 
itself provides in various ways against such possibility, the 
second amendment was thought advisable in order to prevent 
any danger of an unarmed people being overborne by armed 
forces. 

At the 23resent time, if riots and insurrections should arise, 
our standing army being mostly located in the far AYest, would 
not be available, and an unarmed people would then be help- 
less. 

But it is generally held that the secret carrying of arms may 
be prohibited, as endangering the lives of citizens. 

II. Quartering Soldiers, a favorite method of 

tyranny, for compelling the submission of subjects unfriendly 
to the government, is to quarter soldiers upon them, to be fed 
at their expense. England tried this upon the rebellious 
colonists. It is a cruel method of oppression, for the soldiers 
of a standing army are usually from the rude and unprincipled 
elements of society, and are insolent and overbearing in be- 
havior; while the actual expense of quartering them is, in many 
cases, a heavy burden. 

Our government cannot oppress its subjects in this way, in 
time of peace; and in time of war, when it is necessary, troops 
can be quartered in private houses only in such manner as 
Congress shall prescribe. In these latter instances, probably 
none would consider it an act of tyranny, but only a just means 
of protecting the country. 



AMENDMENTS TO THE CONSTITUTION. 237 

III. Searches and Seizures. In this country the well 

•established principle of English law that every man's house is 
his castle is thoroughly incorporated into the government. 
The poorest cottage in . the land may close its doors against 
the governor of the State, or the President of the United 
States, or the whole armed forces of the Nation, unless legally 
authorized to enter. 

Previous to the American Revolution the officers of the 
English government could enter any house, by day or night, 
seize any papers or letters, and take into custody any persons. 
Many times in the early history of England, blank search 
warrants were granted to officials, who, by filling them out at 
pleasure, were authorized to search any house. The famous 
Writs of Assistance were search warrants, and the people of 
the United States did not desire further experience of such 
oppression. 

The fourth amendment provides against such tyranny, by 
stating under what conditions searches and seizures may be 
made: 

1. The complaining party must make oath or affirmation 
that a crime has been committed, and that there are good rea- 
sons to suspect that the persons or things to be seized are 
concealed in some particular place. Thus a person cannot 
make false and malicious accusations against others, without 
laying himself liable to indictment and conviction of perjury. 

2. A warrant must be issued by proper judicial authority, 
authorizing the search and seizure. 

3. The warrant must particularly describe the place to be 
searched and the persons or things to be seized. 

This provision protects the liberty and joroperty of the citi- 
zen against mere suspicion and malicious accusation; but, of 
course, it does not prevent a police officer from forcing 
entrance into a house and making arrests without a warrant, 
when it is known that a crime is being committed, or in other 
exceptional cases. But in those instances the arrested person 
must be taken at once before the proper authorities; and the 
officer must prove that his action was necessary for the public 
good. 



23 S CIVIL G-OYERNMENT OF THE UNITED STATES. 

lY. Indictment by Grand Jury, it has already been 

explained that the j^urpose of a grand jury is to protect inno^ 
cent persons against unjust persecutions. The people wanted 
to make sure of this protection, and the fifth amendment, 
secures it to them. 

In time of war an entirely different method of trial and pun- 
ishment is needed, and in governing the army and navy at all 
times, than that required for the protection of citizens in times 
of peace. Therefore these cases were excepted. 

Y. Twice in Jeopardy. If a person is once tried for a, 
crime, whether found guilty or not guilty by the verdict, he 
cannot again be tried for the same offence. This means if the 
accused himself does not apply for a new trial, which he may 
do in case an error of law has been committed; but this trial is 
given for his own benefit, and is not putting him in jeopardy a 
second time. 

If the jury disagree, a second trial may be had on the same 
indictment; but this is only a continuation of the first trial. 

This provision is to prevent the government, as a means of 
persecution, from bringing persons to trial again and again for 
the same offence, which has often been done in the past by 
many governments. 

YI. Accused Persons not Required to Testify. 

A person charged with crime is placed in such a serious position 
that, whether innocent or guilty, in many cases his mind is 
incapable of giving clear and correct evidence. 

In earlier times the most atrocious measures were taken ta 
extort a confession of guilt from accused persons. They were 
subjected to the rack, burned with hot irons, starved, given no 
drink, or frightened by the threats of infamous judges. Often 
innocent persons were by such means driven to confess them- 
selves guilty, in order to end their sufferings. 

But by our Constitution and the State constitutions no man 
can be compelled to testify against himself, and cannot, there- 
fore, even be frightened into false statements. 

YII. Life, Liberty and Property. :N^either can any 

one be deprived of life, liberty or property, except by due 



AMENDMENTS TO THE CONSTITUTION. 239 

process of law. This means that no citizen shall be depriyed 
of any of his rights and privileges, unless, in a trial begun and 
conducted according to the course of the common law, a ver- 
dict shall be rendered against him. 

Till. PRIYATE Property. The public good is of greater 

importance than private interests. Although it is the duty of 
the government to protect the property of the citizen to the 
utmost, and secure to him its peaceful possession, yet when the 
public welfare demands the use of such property, it is the un- 
doubted right of the government to appropriate it. Otherwise 
individuals would be able to thwart the interests of the whole 
iNTation. 

But the government is forbidden to take private property 
without making just compensation. If the owner and the 
officers purchasing cannot agree on the amount of compensa- 
tion, then the matter is submitted to impartial judges. 

We have already seen how our government exercises this 
right of eminent domain. 

IX. A Speedy and Public Trial. Another favorite 

method used by despotic rulers to ]3ersecnte obnoxious persons 
is to delay trial for a great length of time, in order to subdue 
their will by long imprisonment. 

In this country such delays may cause difficulty in obtaining 
witnesses; and, if the 23erson is unable to procure bail, will also 
subject him to unjust imprisonment. For these reasons the 
Constitution promises persons accused of crime a speedy trial. 

Secret trials are another means of gratifying the desires of 
tryants, by bringing the objects of their dislikes within the 
reach of cruel punishments. Public trials, because open to 
the criticism of the community, insure fairness. The sixth 
amendment secures this privilege to the accused. 

X. An Impartial Jury. The jury must be selected 
from the State in which the crime is committed; and, if the 
State is divided into judicial districts, it must be from that 
particular district. In order to secure an impartial jury, either 
party in a suit may object to certain persons serving as jurors, 
on the ground that they are prejudiced or incompetent to 



24:0 CIVIL GOVERNMENT OF THE UNITED STATES. 

serve. It is thouglit that a jury selected from the locality in 
which the accused person is known is more certain to give a 
fair and impartial decision. 

The right of trial at home among friends, where witnesses 
may be easily obtained, is also considered an important 
privilege. 

XI. ACCUSATION AND WITNESSES AGAINST THE 
Accused, it is the practice even now in certain countries to 
imprison persons for alleged crimes, and bring them to trial, 
without giving them any information of the charges against 
them, or of their accusers. The sixth aoiendment provides 
that every person charged with crime shall be informed of the 
charges against him, and be brought face to face with the wit- 
nesses for the prosecution. 

XII. Witnesses and Counsel for the Accused, it 

is the policy of our government to allow an accused person the 
privilege of making as full and comj^lete a defence for himself 
as lies in his power. The amendment under discussion pro- 
vides that, if the accused is not able to procure the attendance 
of witnesses in his favor, the court must compel them to 
attend and testify; and, if he is unable to employ counsel, the 
government must do so at its own expense. 

It was long the practice, both in England and France, to 
deny persons charged with grave offences the privilege of wit- 
nesses in their favor; and it was not until 1836, that persons in 
England were allowed the assistance of counsel, except in a 
few cases. 

XIII, Trial by Jury in Civil Cases. The trial by 

jury in criminal cases was considered of such importance that 
it was inserted in the body of the Constitution. But, when 
the people saw that this jealously-guarded right was not secured 
to them in civil cases, they insisted that amendment to that 
effect be made. The seventh amendment provides for its use 
in United States courts, in all suits where the value in contro- 
versy exceeds twenty dollars. 

This amendment further declares that a question once de- 
cided by a jury cannot again be examined, except by another 



AMENDMENTS TO THE CONSTITUTION. 241 

jury, ou a new trial. By the rules of the common law, when 
a case was appealed to a higher court, this court had nothing 
to do with the decision of the jury in matters of fad, but had 
simply to decide whether an error of law had been committed. 
The clause giving the Supreme Court appellate jurisdiction, 
both as to law and fact, gave rise to fears that this court might 
have power to overtlirow the verdict of a jury. If appellate 
-courts had this power, trial by jury would be a mere form; 
therefore the amendment was added. 



16 



242 CIVIL GOVERNMENT OF THE UNITED STATES. 



AJVIENDJVIENTS TO THE CONSTITUTION. 

ARTICLE VIII. — Excessive Punishments. 

Excessive bail shall not be required, nor excessive fines imposed, nor 
cruel and unusual punishments inflicted, [Adopted 1791,] 

ARTICLE IX. — Rights Retained by the People. 

The enumeration in the Constitution of certain rights shall not be con- 
strued to deny or disparage others retained by the people, [Adopted 
1791.] 

ARTICLE X.— Powers Reserved to States. 

The powers not delegated to the United States by the Constitution, nor 
prohibited by it to the States, are reserved to the States respectively, or 
to the people. [Adopted 1791,] 

ARTICLE XL— Suits Against States. 

The judicial power of the United States shall not be construed to extend 
to any suit in law or equity, commenced or prosecuted against one of the 
United States by citizens of another State, or by citizens or subjects of 
any foreign State. [Adopted 1798,] 

ARTICLE XII.— (Given on page 176.) 

ARTICLE XIII. — Abolition of Slavery. 

1. Neither slavery nor involuntary servitude, except as a punishment 
for crime, whereof the party shall have been duly convicted, shall exist 
within the United States or any place subject to their jurisdiction. 

2. Congress shall have power to enforce this article by appropriate 
legislation. [Adopted 1865.] 

ARTICLE XIV; Section 1.— Civil Mights. 

All persons born or naturalized in the United States, and subject to the 
jurisdiction thereof, are citizens of the United States and of the State 
wherein they reside. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the United States; nor 
shall any State deprive any person of life, liberty or property without 
due process of law, nor deny to any person within its jurisdiction the 
equal protection of the laws. 



AMENDMENTS TO THE CONSTITUTION. 243 

Section 2. — Apportionment of Representatives. 

Representatives shall be apportioned among the several States accord- 
ing to their respective numbers, counting the whole number of persons 
in each State, excluding Indians not taxed. But when the right to vote 
at any election for the choice of Electors for President and Vice-President 
of the United States, Representatives in Congress, the executive and judi- 
cial officers of a State, or the members of the Legislature thereof, is 
denied to any of the male inhabitants of such State, being twenty-one 
years of age, and citizens of the United States, or in any way abridged, 
except for participation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which the number of 
such male citizens shall bear to the whole number of male citizens twenty- 
one years of age in such State. 

Section 3, — Political Disabilities. 

No person shall be a Senator or Representative in Congress, or Elector 
of President or Vice-President, or hold any office, civil or military, under 
the United States, or under any State, who, having previously taken an 
oath, as a member of Congress, or as an officer of the United States, or as 
a member of any State Legislature, or as an executive or judicial officer 
of any State, to support the Constitution of the United States, shall have 
engaged in insurrection or rebellion against the same, or given aid or 
comfort to the enemies thereof. But Congress may, by a vote of two- 
thirds of each house, remove such disability. 

Section 4. — Public Debt. 

The validity of the public debt of the United States, authorized by law, 
including debts incurred for payment of pensions and bounties for services 
in suppressing insurrection or rebellion, shall not be questioned. But 
neither the United States nor any State shall ass-ume or pay any debt or 
obligation incurred in aid of insurrection or rebellion against the United 
States, or any claim for loss or emancipation of any slave; but all such 
debts, obligations and claims shall be held illegal and void. 

Section 5. — Power of Congress. 
The Congress shall have power to enforce, by appropriate legislation, 
the provisions of this article. [Adopted 1868.] 

ARTICLE XV.— Right of Suffrage. 

1. The riffht of citizens of the United States to vote shall not be denied 
or abridged by the United States, or by any State, on account of race, 
color, or previous condition of servitude. 

2. The Congress shall have power to enforce this article by appropriate 
legislation. [Adopted 1870.] 



244: CIVIL GOYEENMEISTT OF THE UNITED STATES. 

I. Excessive Bail. The law jDresumes all men innocent 
until they are i:)roven guilty. Imprisoning persons before this 
proof has been made seems to be acting in contradiction of the 
theory. But this is necessary in order to protect society; and 
to do away with the injustice that may result, as far as possi- 
ble, the giving of bail is allowed. But the amount of bail may 
easily be fixed so high as to make it impossible for the accused 
to obtain such security. Kings have used this means for com- 
mitting innocent ^^ersons to prison and keeping them there for 
long periods of time. The United States courts are prevented 
from doing this by the eighth amendment. 

When the crime is one punishable by death or life-long im- 
prisonment, bail is not usually allowed; but in such cases, 
where the proof of guilt is slight, it is sometimes done. 

II. Excessive Fines and Cruel Punishments. The 

history of many nations is blotted with the records of the ter- 
rible punishments inflicted on condemned persons. The 
tyrants of the dark ages and the judges who were their instru- 
ments, resorted to every kind of punishment that could be de- 
vised; enormous fines were im^oosed for slight offences, and 
families reduced to poverty; machines of the most inhuman 
torture were invented and used; and the measure of the despot's 
delight seemed to be in proportion to the suffering of his 
victims. 

The people made sure, by the eighth amendment, that there 
should be nothing of this kind in the United States courts of 
justice. 

III. Eights of the People. There were some who 
feared that, because certain rights of the people were enumer- 
ated in the Constitution, those not mentioned might be con- 
sidered as denied the people, or given over to the General 
Government. To prevent such misconstruction the ninth 
amendment was added. 

lY. Powers Reserved to the States. The constant 

fear felt by many that the National Government would assume 
powers which had not been given it, and which rightfully be- 
longed to the States, led the peoj^le to demand the additional 
safeguard of the tenth amendment. 



AMENDMENTS TO THE CONSTITUTION. 245 

Y. Suits Against States. After the adoption of the 

Constitution, many private individuals brought suits against 
certain States to enforce the payment of bills of credit, which 
those States had issued and failed to redeem. The Supreme 
/ Court decided that this could be done under the judicial clause, 
which gives the United States courts jurisdiction in cases 
between a State and citizens of another State, and in cases be- 
tween a State and citizens or subjects of a foreign state. The 
people were greatly dissatisfied that a State government could 
be controlled by private persons; for which reason the eleventh 
.amendment was added, forbidding the United States courts to 
entertain suits brought against a State by citizens of another 
State, or by citizens or subjects of a foreign state. 

As no State court can entertain any suit against another 
State, and as no State government can be sued by its own citi- 
zens, it is impossible for any private person to sue a State. 

This has proved an unfortunate provision, for several of the 
States have repudiated their debts, because the private individ- 
uals who held their bonds could not compel payment. 

YI. Cause of the Civil War. The difi'erences in re- 
gard to the question of slavery, which had disturbed the delib- 
erations of the Constitutional Convention, as time passed, con- 
tinued to increase in strength. Congress was repeatedly stirred 
by bitter controversies over subjects involving this question. 
As the country grew larger, and the population increased, the 
subject of African labor became a National problem; whether 
States should be admitted as slave or free States, and whether 
slavery should be extended to the territories, absorbed the atten- 
tion of the ]!!^ation. 

In 1820 the Missouri Compromise Bill was passed, which pro- 
vided that, in consideration of the admission of Missouri as a 
slave State, slavery should forever be prohibited in all the re- 
maining territories north of latitude 36^ degrees, which was the 
southern boundary of that State. 

In 1854 the Kansas-Xebraska bill passed, which organized 
these two territories, and repealed the prohibition contained in 
the Missouri Compromise BilL As soon as the bill took effect, 
two unfriendly populations began to pour into Kansas, those 



246 CIVIL GOVERNMENT OF THE UNITED STATES. 

from. the North being determined to make it a free State, those 
from the South being equally determined the other way. Con- 
gress and the whole people besides were drawn into the bitter 
controversy which only subsided when Kansas was admitted as 
a free State in 1861. 

In 1860 the Kepublican party, which was the one opposed 
to further extension of slavery, succeeded in electing their 
candidate for President, Abraham Lincoln. Then the troubles 
which had stirred the country so many years assumed alarming 
proportions; the Southern States began to withdraw themselves 
from the Union and attempt the formation of a Southern Con- 
federacy. This brought the country face to face with a prob- 
lem requiring immediate solution, whether the States were 
supreme over the Nation, or the Nation over the States; 
whether we were merely a league of independent governments, 
from which any State could withdraw at pleasure, or whether 
we were one Nation. It took four years of war to settle this 
question; but it was then decisively settled. 

Thus, although the question of slavely gave rise to the 
troubles which precipitated the Civil War, the real question 
over which this war was fought was that of the supremacy of 
the National Government. 

VII. Result of the CIYIL War. The thirteenth, four- 
teenth and fifteenth amendments are the result of the Civil 
War, and finally dispose of all matters relating to slavery in 
this country. They are alike binding on the States and the 
Nation. 

1. Abolition of Slavery. — At the beginning of the war it 
was not the purpose of the government to interfere with slavery 
in those States where it already existed. President Lincoln, in 
his inaugural address, had declared that he had no such inten- 
tion, nor believed that he had the right to do so. But it soon 
became apparent that the Nation could not exist half slave and 
half free; and, on the first day of January, 1863, President 
Lincoln issued his Emancipation Proclamation. Whether this 
legally freed the slaves or not is a matter of no importance, for 
in 1865 the adoption of the thirteenth amendment accom- 
plished their freedom beyond question. 



AMENDMENTS TO THE CONSTITUTION. 2^7 



2. Civil Rigiits. Altliongh the Xegro was no lono-er 



t>' 



a 



slave, he did not possess the civil rights of citizens of this 
country. The States might deny him the privilege of buying 
and selling and holding property, of engaging in trade, and 
similar privileges; and so the first clause of the fourteenth 
amendment made liim a citizen of the United States, with all 
the civil rights of others. This gave more than 4,000,000 ad- 
ditional citizens to the United States. 

3. Apportionment of Representatives. These new citi- 
zens must be represented in the lower house of Congress. But 
it was feared that some States might not give the Negro the 
right to vote, and he would thus not be represented directly, 
while the white population of these States would increase their 
representation accordingly. For this reason the second clause 
of this amendment provides that, if any State denies the right 
of suffrage to any of its members who are male citizens of the 
United States, twenty-one years of age, its representation in 
the House shall be decreased in the same proportion. 

4. Political Disabilities. — The third clause of this amend- 
ment denies the privilege of holding office to all such as, 
having once taken the oath to support the Constitution, have 
afterward broken it by aiding in rebellion against the United 
States. But it also gives Congress the power to remove such dis- 
ability, and this has been done in all but a few exceptional cases. 

5. National Debt. — The fourth clause provides against any 
attempt to repudiate the National debt; and forbids the pay- 
ment of debts incurred in rebellion against the United States, or 
of claims for loss or emancipation of slaves. The heavy debts 
incurred by the Southern States in the Civil ^Yar were thus 
made void. 

6. Kiglit of Suffrag-e. — Previous to 1870 the States had 
had full power in regulating the qualifications of their voters. 
In that year the fifteenth amendment was adopted, which 
placed the one restriction upon their power. Neither they nor 
the United States can refuse the right of franchise to any per- 
son because he is black, or has been a slave, or belongs to any 
particular race. By this provision the last step was taken which 
made the black man the political equal of his white fellow-man. 



248 CIVIL GOVEKNMENT OF THE UNITED STATES. 

Af>f»kndix. 



DKCIvARATlON OK IIMDKPENIDENCE. 



IN CONGRESS, JULY 4, 1776. 



The Unanimous Declaration of the Thirteen United States of 

America. 

When, in the course of human events, it becomes necessary for one 
people to dissolve the political bands which have connected them with 
another, and to assume, among the powers of the earth, the separate and 
equal station to which the laws of nature and of nature's God entitle 
them, a decent respect to the opinions of mankind requires that they 
should declare the causes which impel them to the separation. 

We hold these truths to be self-evident, that all men are created equal, 
that they are endowed by their Creator with certain unalienable rights, 
that among these are life, liberty, and the pursuit of happiness. That, to 
secure these rights, governments are instituted among men, deriving 
their just powers from the consent of the governed; that, whenever any 
form of government becomes destructive of these ends, it is the rigiii of 
the people to alter or to abolish it, and to institute a new government ^ 
laying its foundations on such principles, and organizing its powers in 
such form as to them shall seem most likely to effect their safety and 
happiness. Prudence, indeed, will dictate that governments long estab- 
lished should not be changed for light and transient causes; and accord- 
ingly all experience hath shown that mankind are more disposed to suffer, 
while evils are sufferable, than to right themselves by abolishing the 
forms to which they are accustomed. But when a long train of abuses 
and usurpations, pursuing invariably the same object, evinces a design to 
reduce them under absolute despotism, it is their right, it is their duty, to 
throw off such government, and to provide new guards for their future 
security. Such has been the patient sufferance of these colonies, and such 
is now the necessity which constrains them to alter their former systems 
of government. The history of the present king of Great Britain is a his- 
tory of repeated injuries and usurpations, all having in direct object the 
establishment of an absolute tyranny over these States. To prove this, 
let facts be submitted to a candid world : 

He has refused his assent to laws the most wholesome and necessary 
for the public good. 



DECLARATION OF INDEPENDENCE. 24^ 

He has forbidden his governors to pass laws of immediate and pressing 
importance, unless suspended in their operation till his assent should be 
obtained; and, when so suspended, he has utterly neglected to attend to 
them. 

He has refused to pass other laws for the accommodation of large dis- 
tricts of people, unless those people would relinquish the right of repre- 
sentation in the legislature, a right inestimable to them, and formidable to 
tyrants only. 

He has called together legislative bodies at places unusual, uncom- 
fortable and distant from the depository of their public records, for the 
sole purpose of fatiguing them into compliance with his measures. 

He has dissolved representative houses repeatedly, for opposing with 
manly firmness his invasions on tlie rights of the people. 

He has refused for a long time, after such dissolutions, to cause others 
to be elected; whereby the legislative powers, incapable of annihilation, 
have returned to the people at large for their exercise; the State remain- 
ing, in the meantime, exposed to all the dangers of invasions from with- 
out, and convulsions within. 

He has endeavored to prevent the population of these States; for that 
purpose obstructing the laws for the naturalization of foreigners; refusing 
to pass others to encourage their migrations hither, and raising the con- 
ditions of new appropriations of lands. 

He has obstructed the administration of justice, by refusing his assent 
to laws for establishing judiciary powers. 

He has made judges dependent on his will alone, for the tenure of 
their offices, and the amount and payment of their salaries. 

He has erected a multitude of new offices, and sent hither swarms of 
officers to harrass our people, and eat out their substance. 

He has kept among us, in times of peace, standing armies, without the 
consent of our legislatures. 

He has affected to render the military independent of and superior to 
the civil power. 

He has combined with others to subject us to a jurisdiction foreign to 
our constitution, and unacknowledged by our laws; giving his assent 
to their acts of pretended legislations: 

For quartering large bodies of armed troops among us; 

For protecting them, by a mock trial, from punishment for any mur- 
ders which they should commit on the inhabitants of these States; 

For cutting off our trade with all parts of the world; 

For imposing taxes on us without our consent; 

For depriving us, in many cases, of the benefit of trial by jury; 

For transporting us beyond seas to be tried for pretended offences; 

For abolishing the free system of English laws in a neighboring 
province, establishing therein an arbitrary government, and enlarging its 
boundaries, so as to render it at once an example and fit instrument for 
introducing the same absolute rule into these colonies; 



250 CIVIL GOVEKNMENT OF THE UNITED STATES. 

For taking away our charters, abolishing our most valuable laws, and 
altering fundamentally the forms of our governments; 

For suspending our own legislatures, and declaring themselves invested 
with power to legislate for us in all cases whatsoever. 

He has abdicated government here, by declaring us out of his protec- 
tion, and waging war against us. 

He has plundered our seas, ravaged our coasts, burned our towns, and 
destroyed the lives of our people. 

He is, at this time, transporting large armies of foreign mercenaries to 
complete the works of death, desolation and tyranny, already begun with 
circumstances of cruelty and perfidy scarcely paralleled in the most bar- 
barous ages, and totally unworthy the head of a civilized nation. 

He has constrained our fellow-citizens, taken captive on the high seas, 
to bear arms against their country, to become the executioners of their 
friends and brethren, or to fall themselves by their hands. 

He has excited domestic insurrection among us, and has endeavored to 
bring on the inhabitants of our frontiers the merciless Indian savages, 
whose known rule of warfare is an undistinguished destruction of all 
ages, sexes and conditions. 

In every stage of these oppressions we have petitioned for redress in 
the most humble terms; our repeated petitions have been answered only 
by repeated injury. A prince whose character is thus marked by every 
act which may define a tyrant, is unfit to be the ruler of a free people. 



APPENDIX. 251 

APPENDIX 11. 



THE ORDINANCE OF 1787. 



An Ordinance for the Government of tfe Territory of the 
United States Northwest of the River Ohio. 

Be it ordained by the United States in Congress assembled. That the said 
territoiy, for the purposes of temporary government, be one district, 
subject, however, to be divided into two districts, as future circumstances 
may, in the opinion of Congress, make it expedient. 

Be it ordained by the authority aforesaid, That the estates, both of resi^ 
dent and non-resident proprietors in the said district, dying intestate, 
shall descend to, and be distributed among, their children, and the 
descendants of a deceased child, in equal parts; the descendants of a 
■deceased child or grandchild to take the share of their deceased parent in 
equal parts among them: And where there shall be no children or de- 
scendants, then in equal parts to the next of kin in equal degree; and, 
among collaterals, the children of a deceased brother or sister of the 
intestate shall have, in equal parts among them, their deceased parents' 
share; and there shall, in no case, be a distinction between kindred of the 
whole and half-blood; saving, in all cases, to the widow of the intestate 
lier third part of the real estate for life, and one-third part of the personal 
estate; and this law, relative to descents and dower, shall remain in full 
force until altered by the legislature of the district. And, until the 
governor and judges shall adopt laws as hereinafter mentioned, estates in 
the said territory may be devised or bequeathed by wills in writing, 
signed and sealed by him or her, in whom the estate may be (being of 
full age), and attested by three witnesses ; and real estates may be con- 
veyed by lease and release, or bargain and sale, signed, sealed, and 
delivered by the person, being of full age, in whom the estate may be, 
and attested by two witnesses, provided such wills be duly proved, and 
such conveyances be acknowledged, or the execution thereof duly proved, 
and be recorded within one year after proper magistrates, courts, and 
registers shall be appointed for that purpose; and personal property may 
be transferred by delivery; saving, however, to the French and Canadian 
inhabitants, and other settlers of the Kaskaskias, St. Vincents, and the 
neiffhboring villages who have heretofore professed themselves citizens 
of Virginia, their laws and customs now in force among them, relative to 
the descent and conveyance of property. 



252 APPENDIX. 

Be it ordained by the authority aforesaid. That there shall be appointed 
from time to time, by Congress, a governor, whose commission shall con- 
tinue in force for the term of three years, unless sooner revoked by 
Congress; he shall reside in the district, and have a freehold estate therein 
in 1000 acres of land, while in the exercise of his office. 

There shall be appointed from time to time, by Congress, a secretary, 
whose commission shall continue in force for four years unless sooner 
revoked; he shall reside in the district, and have a freehold estate therein 
in 500 acres of land, while in the exercise of his office; it shall be his duty 
to keep and preserve the acts and laws passed by the legislature, and the 
public records of the district, and the proceedings of the governor' in his 
Executive department; and transmit authentic copies of such acts and 
proceedings, every six months, to the Secretary of Congress. There 
shall also be appointed a court to consist of three judges, any two of 
whom to form a court, who shall have a common law jurisdiction, and 
reside in the district, and have each therein a freehold estate in 500 acres 
of land while in the exercise of their offices; and their commissions shall 
continue in force during good behavior. 

The governor and judges, or a majority of them, shall adopt and 
publish in the district such laws of the original States, criminal and civil, 
as may be necessary and best suited to the circumstances of the district, 
and report them to Congress from time to time: which laws shall be in 
force in the district until the organization of the General Assembly 
therein, unless disapproved of by Congress; but, afterwards, the legisla- 
ture shall have authority to alter them as they shall think fit. 

The governor, for the time being, shall be commander-in-chief of the 
militia, appoint and commission all officers in the same below the rank 
of general officers; all general officers shall be appointed and commis- 
sioned by Congress. 

Previous to the organization of the G-eneral Assembly, the governor 
shall appoint such magistrates and other civil officers, in each county or 
township, as he shall find necessary for the preservation of the peace and 
good order in the same: After the General Assembly shall be organized, 
the powers and duties of the magistrates and other civil officers, shall be 
regulated and defined by the said assembly; but all magistrates and other 
civil officers, not herein otherwise directed, shall, during the continuance 
of this temporary government, be appointed by the governor. 

For the prevention of crimes and injuries, the laws to be adopted or 
made shall have force in all parts of the district, and for the execution of 
process, criminal and civil, the governor shall make proper divisions 
thereof; and he shall proceed, from time to time, as circumstances 
may require, to lay out the parts of the district in which the 
Indian titles shall have been extinguished, into counties and townships, 
subject, however, to such alterations as may thereafter be made by the 
legislature. 



APPENDIX. 253 

So soon as there shall be 5000 free male inhabitants of full age in the 
district, upon giving proof thereof to the governor, they shall receive 
authority, vrith time and place, to elect representatives from their counties 
or townships to represent them in the General Assembly: Provided, 
That for every 500 free male inhabitants, there shall be one representative, 
and so on progressively with the number of free male inhabitants, shall 
the right of representation increase, until the number of representatives 
shall amount to 25; after which, the number and proportion of represen- 
tatives shall be regulated by the legislature: Provided, That no person 
be eligible or qualified to act as a representative unless he shall have been 
a citizen of one of the United States three years, and be a resident in the 
district, or unless he shall have resided in the district three years; and, in 
either case shall likewise hold in his own right, in fee simple, 200 acres of 
land within the same: Provided, also. That a freehold in 50 acres of land 
in the district, having been a citizen of one of the States, and being a 
resident in the district, or the like freehold and two years residence in the 
district, shall be necessary to qualify a man as an elector of a representa- 
tive. 

The representatives thus elected, shall serve for the term of two years. 
and, in case of the death of a representative, or removal from office, the 
governor shall issue a writ to th^ county or township for which he was 
a member, to elect another in his stead, to serve for the residue of his 
term. 

The General Assembly, or Legislature shall consist of the governor, 
legislative council, and a house of representatives. The legislative coun- 
cil shall consist of five members, to continue in office five years, unless 
sooner removed by Congress; any three of whom to be a quorum; and the. 
members of the council shall be nominated and appointed in the follow- 
ing manner, to wit: As soon as representatives shall be elected, the 
governor shall appoint a time and place for them to meet together; and, 
when met they shall nominate ten persons, residents in the district, and 
each possessed of a freehold in 500 acres of land, and return their names 
to Congress; five of whom Congress shall appoint and commission to 
serve as aforesaid; and, whenever a vacancy shall happen in the council, 
by death or removal from office, the house of representatives shall 
nominate two persons, qualified as aforesaid, for each vacancy, and return 
their names to Congress ; one of whom Congress shall appoint and com- 
mission for the residue of the term. And every five years, four months at 
least before the expiration of. the time of service of the members of 
council, the said house shall nominate ten persons, qualified as aforesaid, 
and return their names to Congress; five of whom Congress shall appoint 
and commission to serve as members of the council five years, unless 
sooner removed. And the governor, legislative council, and house of 
representatives, shall have authority to make laws in all cases, for the 
good government of the district, not repugnant to the principles and 



25-i APPENDIX. 

articles in this ordinance established and declared. And all bills, having- 
passed by a majority in the house, and by a majority in the council, shall 
be referred to the governor for his assent; but no bill, or legislative act 
whatever, shall be of any force without his assent. The governor shall 
have power to convene, prorogue, and dissolve the General Assembly,, 
when in his opinion it shall be expedient. 

The governor, judges, legislative council, secretary and such other 
officers as Congress shall appoint in the district, shall take an oath or 
affirmation of fidelity and of office; the governor before the President of 
Congress, and all other officers before the governor. As soon as a legis- 
lature shall be formed in the district, the council and house assembled in 
one room, shall have authority, by joint ballot, to elect a delegate to Con- 
gress, who shall have a seat in Congress, with a right of debating but not 
of voting during this temporary government. 

And, for extending the fundamental principles of civil and religious 
liberty, which form the basis whereon these republics, their laws and 
constitutions are erected; to fix and establish those principles as the basis- 
of all laws, constitutions, and governments, which forever hereafter shall 
be formed in the said territory : to provide also for the establishment of 
States, and permanent government therein, and for their admission to a 
share in the federal councils on an equal footing with the original States, 
at as early periods as may be consistent with the general interest: 

It is hereby ordained and declared hy the authority aforesaid, That the 
following articles shall be considered as articles of compact between the 
original States and the people and States in said territory and forever 
remain unalterable, unless by common consent, to wit: 

Art. 1st. No person, demeaning himself in a peaceable and orderly 
manner, shall ever be molested on account of his mode of worship or 
religious sentiments, in the said territory. 

Art. 2d. The inhabitants of the said territory shall always be entitled 
to the benefits of the writ of habeas corpus, and of the trial by jury; of a 
proportionate representation of the people in the legislature; and of 
judical proceedings according to the course of the common law. All 
persons shall be bailable, unless for capital offences, where the proof 
shall be evident or the presumption great. All fines shall be moderate, 
and no cruel or unusual punishments shall be inflicted. No man shall be 
deprived of his liberty or property, but by the judgment of his peers or 
the law of the land; and, should the public exigencies make it necessary, 
for the common preservation, to take any person's property, or to demand 
his particular services, full compensation shall be made for the same. 
And, in the just preservation of rights and property, it is understood and 
declared, that no law ought ever to be made, or have force -in the said 
territory, that shall, in any manner whatever, interfere with or affect 
private contracts or engagements, bona fide, and without fraud, previ 
ously formed. 



APPENDIX. 255 

Art. 3d. Religion, morality, and knowledge, being necessary to good 
government and the happiness of mankind, schools, and the means of 
education shall forever be encouraged. The utmost good faith shall 
always be observed towards the Injiians; their lands and property shall 
never be taken from them without their consent; and, in their property, 
rights, and liberty, they shall never be invaded or disturbed, unless in just 
and lawful wars authorized by Congress; but laws founded in justice and 
humanity, shall, from time to time, be made for preventing wrongs being 
done to them, and for preserving peace and friendship with them. 

Art. 4th. The said territory, and the States which may be formed 
therein, shall forever remain a part of this confederacy of the United 
States of America, subject to the Articles of Confederation, and to such 
alterations therein as shall be constitutionally made; and to all the acts 
and ordinances of the United States in Congress assembled, conformable 
thereto. The inhabitants and settlers in the said territory shall be subject 
to pay a part of the federal debts contracted or to be contracted, and a 
proportional part of the expenses of government, to be apportioned on 
them by Congress according to the same common rule and measure by 
which apportionments thereof shall be made on the other States; and the 
taxes, for paying their proportion, shall be laid and levied by the authority 
and direction of the legislatures of the district or districts, or new States, 
as in the original States, within the time agreed upon by the United 
States in Congress assembled. The legislatures of those districts or new 
States, shall never interfere with the primary disposal of the soil by the 
United States in Congress assembled, nor with any regulations Congress 
may find necessary for securing the title in such soil to the bona fide 
purchasers. No tax shall be imposed on lands the property of the 
United States; and, in no case, shall non-resident proprietors be taxed 
higher than residents. The navigable waters leading into the Mississippi 
and St. Lawrence, and the carrying places between the same, shall be 
common highways, and forever free, as well to the inhabitants of the said 
territory as to the citizens of the United States, and those of any other 
States that may be admitted into the Confederacy, without any tax, im- 
post, or duty therefor. 

Art. 5th. There shall be formed in the said territory, not less than 
three nor more than five States; and the boundaries of the States, as soon 
as Virginia shall alter her act of cession, and consent to the same, shall 
become fixed and established as follows, to wit: The Western State in 
the said territory, shall be bounded by the Mississippi, the Ohio, and 
Wabash rivers; a direct line drawn from the Wabash and Post St. Vin- 
cent's, due North, to the territorial line between the United States and 
Canada; and, by the said territorial line, to the Lake of the Woods and 
Mississippi. The middle State shall be bounded by the said direct line, 
the Wabash from Post Vincent's, to the Ohio; by the Ohio, by a direct 
line, drawn due North from the mouth of the Great Miami, to the said 



256 APPENDIX. 

territorial line, and by the said territorial line. The Eastern State shall be 
bounded by the last mentioned direct line, the Ohio, Pennsylvania, and 
the said territorial line: Provided, Jwwever, and it is further understood 
and declared, that the boundaries of these three States shall be subject so 
far to be altered, that, if Congress shall hereafter find it expedient, they 
shall have authority to form one or tvro States in that part of the said ter- 
ritory which lies North of an East and West line drawn through the 
Southerly bend or extreme of lake Michigan. And, whenever any of the 
said States shall have 60,000 free inhabitants therein, sucli State shall be 
admitted, by its delegates, into the Congress of the United States, on an 
equal footing with the original States in all respects whatever, and shall 
be at liberty to form a permanent constitution and State government : 
Provided, the constitution and government so to be formed, shall be 
republican, and in conformity to the principles contained in these arti- 
cles; and, so far as it can be consistent with the general interest of the 
confederacy, such admission shall be allowed at an earlier period, and 
when there may be a less number of free inhabitants in the State than 
60,000. 

Art. 6th. There shall be neither slavery nor involuntary servitude in 
the said territory, otherwise than in the punishment of crimes, whereof 
the party shall have been duly convicted: Provided, always, That any 
person escaping into the same, from whom labor or service is lawfully 
claimed in any one of the original States, such fugitive may be lawfully 
reclaimed and conveyed to the person claiming his or her labor or service 
as aforesaid. 

Be it ordained by the authority aforesaid, That the resolutions of the 23d 
of April, 1784, relative to the subject of this ordinance, be, and the same 
are hereby, repealed and declared null and void. 

Done by the United States in Congress assembled, the 13th day of July, 
in the year of our Lord, 1787, and of their sovereignty and independ- 
ence the twelfth. 

" One of the most momentous acts of the Continental Congress," says 
fiigginson, "had been to receive from the State of Virginia the gift of a 
vast unsettled territory northwest of the Ohio, and to apply to this wide 
realm the guarantee of freedom from slavery. This safeguard was but the 
fulfilment of a condition suggested by Timothy Pickering, when, in 1783, 
General Rufus Putnam and nearly three hundred army officers had pro- 
posed to form a new State in that very region of the Ohio. They sent in 
a memorial to Congress asking for a grant of land. Washington heartily 
endorsed the project, but nothing came of it. North Carolina soon after 
made a cession of land to the United States, and then revoked it; but the 
people on the ceded territory declared themselves for a time to be a 
separate state under the name of Franklin. Virginia, through Thomas 
Jefferson, finally delivered a deed on March 1, 1784, by which she ceded 



APPENDIX. 257 

to the United States all lier territory northwest of the Ohio. The great 
gift was accepted, and a plan of government was adopted and passed by a 
vote of every state then present in the Congress, eight in all. Under this 
statute the Ohio company, organized in Boston the year before as the 
final outcome of Rufus Putnam's proposed colony of officers, bought 
from the government five or six millions of acres, and entered on the first 
great movement of emigration west of the Ohio. The report creating the 
colony provided for public schools, for religious institutions and for a 
university. The land was to be paid for in United States certificates of 
debt, and its price in specie was between eight and nine cents an acre. 
The settlers were almost wholly men who had served in the army, and 
were used to organization and discipline. The Indian title to the lands 
of the proposed settlement had been released by treaty. It was hailed by 
all as a great step in the national existence, although it was a far greater 
step than any one yet dreamed." 

While the convention which framed the National Constitution was 
sitting in Philadelphia, the Continental Congress was holding its session 
in New York. On July 11, 1787, it adopted this Ordinance, which has, 
with justice, been pronounced second only to the crowning act of the 
Convention at Philadelphia. The original of this act was the Ordinance 
of 1784 for the government of the Northwest Territory, which remained 
in force three years and was then superseded by the Ordinance of 1787. 
The former Ordinance was drawn up by Jefferson as chairman of the com- 
mittee appointed by Congress to present a plan for the government of the 
territory. The draught of the committee's report in Jefferson's hand- 
writing is preserved in the archives of the State Department at Washing- 
ton. " It is," says Bancroft, "as completely Jefferson's own work as the 
Declaration of Independence." 

The most important clause, that which was to have the greatest influ- 
ence in moulding the future of the infant nation, was the last, that which 
forever prohibits slavery in this territory. The original draught of the 
Ordinance of 1784 contained this article: 

"That after the year 1800 of the Christian era there shall be neither 
slavery nor involuntary servitude in any of the said States, otherwise than 
in punishment of crimes, whereof the party shall have been duly con- 
victed to have been personally guilty." 

Jefferson worked with the greatest earnestness to secure the passage of 
this anti-slavery clause, but it was lost by a single vote. " The voice of 
a single individual," said he, "would have prevented this abominable 
crime. Heaven will not always be silent; the friends of the rights of 
human nature will in the end prevail." In the Ordinance of 1787 these 
words were verified. Slavery was not to pollute these great States of the 
Northwest. 

"Here," says Mr. Hoar, "was the first human government under 
which absolute civil and religious liberty has always prevailed. Here no 



258 APPENDIX. 

witch was ever hanged or burned. Here no heretic was ever molested 
Here no slave was ever born or dwelt. When older states or nations, 
where the chains of human bondage have been broken, shall utter the 
proud boast, 'With a great sum obtained I this freedom,' each sister of 
this imperial group— Ohio, Michigan, Indiana, Illinois, Wisconsin— may 
lift her queenly head with the yet prouder answer, ' But I was free-born. ' " 

"It fixed forever," said Webster, " the character of the population in. 
the vast regions northwest of the Ohio by excluding from them involun- 
tary servitude. It impressed on the soil itself, while it was yet a wilder- 
ness, an incapacity to sustain any other than freemen. It laid the 
interdict against personal servitude in original compact, not only deeper 
than all local law, but deeper, also, than all local constitutions. We are 
accustomed to praise the lawgivers of antiquity; we help to perpetuate 
the fame of Solon and Lycurgus; but I doubt whether one single law of 
any lawgiver, ancient or modern, has produced effects of more distinct, 
marked and lasting character than the Ordinance of 1787." 

" The Ordinance of 1787 belongs with the Declaration of Independence 
and the Constitution. It is one of the three title deeds of American con- 
stitutional liberty. As the American youth for uncounted centuries 
shall visit the capital of his country — strongest, richest, freest, happiest 
of the nations of the earth — from the stormy coast of New England, from 
the luxuriant regions of the Gulf, from the lakes, from the prairie and 
the plain, from the Golden Gate, from far Alaska — he will admire the 
evidences of its grandeur and the monuments of its historic glory. He 
will find there rich libraries and vast museums and great cabinets, which 
show the product of that matchless inventive genius of America, which 
has multiplied a thousand fold the wealth and comfort of human life. 
He will see the simple and modest portal through which the great line of 
the Republic's chief magistrates have passed at the call of their country 
to assume an honor surpassing that of emperors and kings, and through 
which they have returned, in obedience to her laws, to take their place 
again as equals in the ranks of their fellow-citizens. He will stand by 
the matchless obelisk which, loftiest of human structures, is itself but 
the imperfect type of the loftiest of human characters. He will gaze 
upon the marble splendors of the capitol, in whose chambers are enacted 
the statutes under which the people of a continent dwell together in 
peace, and the judgments are rendered which keep the forces of state 
and nation alike within their appointed bounds. He will look upon the 
record of great wars and the statues of great commanders. But if he 
knew his country's history, and considered wisely the sources of her 
glory, there is nothing in all these which will so stir his heart as two 
faded and time-soiled papers, whose characters were traced by the hand 
of the fathers a hundred years ago. They are the original records of the 
acts which devoted this nation forever to equality, to education, to re- 
ligion, and to liberty. © One is the Declaration of Independence, the other 
the Ordinance of 1787." 



APPE]STDIX III. 



STATE GOVERNMENTS, 



259 



260 



STATE ELECTIONS. 

SXATTK GOVERNMENTTS. 
SXAXK KIvKCTIONS. 





It 

< 


DIVISIONS. 


QUALIFICATIONS FOR 

Note.— In nearly all the States the rig-ht to vote at general elec- 
tions is restricted to males of 21 or more years. (See exceptions, 
on page 44.) 


STATE. 


o5 

.2 

a 

3 

5 


to iS 

o'S-52 
O Q 


As to Citizenship. 


Previous Residence Required. 




In 
State. 


In 
County. 


In 
Town. 


In 
Precinct. 


Alabama, 
Akkansas, 

California, 


1875 
1874 

1879 

1876. 

1818 

1897 
1886 

1877 

1889 
1870 
1851 

1857 

1859 


66 

75 

53 
56 

8 

3 

45 
137 

21 

102 

92 

99 
105 


9 
6 

■7 

2 

4 

1 
2 
11 

1 

22 

13 

11 

8 


Citizen of United States, 
or alien who has de- 
clared intention. 

Citizen of United States, 
or alien who has de- 
clared intention. 

Citizen by nativity, nat- 
uralization or treaty of 
Queretaro. 

Citizen or alien who has 
declared intention 4 
mos. previous to of- 
fering to vote. 

Citizen of United States, 
good moral character, 
and able to read any 
article of Constitution 
or Statutes. 

Citizen and paying regis- 
tration fee of $1.00. 

Citizen of United States, 
or alien who has de- 
clared intention. 

Citizen of United States. 

Citizen of United States. 

Citizen of United States. 

Citizen of United States, 
or alien who has de- 
clared intention and 
resided 1 year in U. S. 
and 6 mos. in State. 

Citizen of United States. 

Citizen of United States, 
or alien who has de- 
clared intention. 


1 year. 
1 year. 

1 year. 

6 mos. 

1 year. 

1 year. 
1 year. 
1 year. 

6 mos. 

1 year. 

6 mos. 

6 mos. 
6 mos. 


3 mos. 
6 mos. 

90 days. 

90 days. 




30 day's. 




1 month. 




30 days. 




10 days. 


Connecticut, 


6 mos. 




Delaware, 


1 mo. 
6 mos. 
6 mos. 

30 days. 

90 days. 


Actual 


Florida, 




residence 
reqiiired. 

Actual 


Georgia, 




residence 
required. 


Idaho, 






Illinois, 




30 days. 


Indiana, 


60 days. 


30 days. 


Iowa, 


60 days. 


Actual 


Kansas, 




residence 
required. 

30 days. 











APPENDIX. 

statte: govbrnmknxs. 



261 



VOTING. 



Persons Denied the Rig-ht 
of Suffrage. 



■ Convicted of treason or other 
crime punishable by impris- 
onment; idiots and lunatics. 

Idiots, insane, convicted of fel- 
ony, until pardoned; persons 
not having- paid a poll tax 
for same year. 



Chinese: idiots; insane; con- 
victed of infamous crime. 



Convicted of felony and unre- 
stored to citizenship. 



Convicted of bribery, forg-ery, 
theft, duelling- or other of- 
fense for which infamous 
punishment is intlicted. 



Idiots; insane; paupers; and 
felons. 



Insane; under guardianship; 
criminals; sending-, bringing-, 
or accepting duelling chal- 
lenge. 

Idiots; insane; convicted of 
treason against State or 
crime punishable by impris- 
onment: nonpayers of taxes 
since 1877. 

Idiots: insane: under guard- 
ianship; bribers at election; 
those convicted of crime not 
restored to citizenship. 



Convicted of crime punishable 
in penitentiary until par- 
doDCii and restored to rights; 
bribery at elections. 



Convicted of crime and dis- 
franchised by judgment of 
the Court. 



Idiots: insane; convicted of in- 
famous crime; United States 
soldiers and mai'ines, not 
bona Jide residents. 

Idiots; insane; convicts; rebels. 



ELECTIONS. 



Registration. 



Required. 



Prohibited by 
constitutional 
provision. 



Required. 



Required. 



Required. 



Required. 



Required. 



Required. 



Required. 



Required.* 



Not required. 



Required in all 

cities. 



Required in all 
cities of th;^ 
first and sec- 
ond class. 



Time of. 



First Monday in 
August. 



First' Tuesday 
after first 
31 o n d a y in 

""November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November 



Tuesday after 
first Monday 
in November. 



First Wednes- 
day in Oc- 
tober. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Ho-5v 
Decided. 



Tuesday after By plurality." 
first Monday 
in November. 



By majority. 



By plurality. 



By plurality. 



By majority. 



State officers 
by majority. 



By plurality. 



By plurality. 



By majoi-ity. 



By plurality. 



By plurality. 



By .plurality. 



By plui-alitj'. 



How Made. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



By ballot. 



STATE CENSUS. 



Not required un- 
less tliere is a 
failure by Fed- 
ei-al governm't. 

Not required. 



Only school cen- 
sus taken, and 
that every year. 



Every ten years. 



No State provis- 
ion regarding a 
State census. 



Not required. 



Every ten years. 



Not required. 



Latest TJ. S. cen- 
sus. 



Not required. 



Not required. 



E\'ery ten years. 



Annually. 



* But. excepting a few cities, a legal voter not registered may vote, upon filing an affidavit by himself and 
another known legal voter that he is a qualified voter and has not already voted. 



262 



APPENDIX. 



STATE. 



Kentucky, 
Louisiana, 

Maine, 
Maryland, 

Massachusetts, 

Michigan, 
Minnesota, 
Mississippi, 
Missouri, 

Montana, 

Nebraskla, 
Nevada, 

New Hampshire, 

New Jersey, 

New York, 








"6 


c 


<v 






a 


u. 


^ 


TD 




< 



1850 



1879 



1820 
1867 



1780 



1850 



1857 



1890 



1875 



1889 



1875 



1864 



1784 



1844 



1894 



DIVISIONS. 



117 



59 
Parishes, 



16 
33 



83 



75 



114 



24 



90 



10 



60 



Scso 



11 



13 



12 



14 



QUALIFICATIONS FOR 

Note.— In nearly all the States the rig^ht to vote at general elec- 
tions is restricted to males of 21 or more years. (See exceptions, 
page 44.) 



As to Citizenship. 



Citizen. 



Citizen of United States, 
or alien who has de- 
clared intention. 



Citizen of United States. 
Citizen of United States. 

Citizen. 



Citizen. Civilized Indian 
not member of a tribe. 



Citizen of United States, 
and civilized Indians. 



Citizen of United States. 



Citizen of United States, 
or alien who _has de- 
clared intention not 
less than 1 yr. nor more 
than 5 before offering 
to vote. 



Citizen of United States. 



Citizen of United States, 
or alien who has de- 
clared intention 30 
days before election. 

Citizen of United States. 



Inhabitant, native or 
naturalized. 



Citizen of United States. 



Citizen, who aliall have 
been a citizen for 10 
days. 



Previous Residence Required. 



In 
State. 



1 year. 
1 year. 

Smos. 
1 year. 

1 year. 

6 mos. 



In 
County. 



6 mos. 



6 mos. 



3 mos. 
6 mos. 



20 days. 



In 
Town. 



3 mos. 



6 mos. 



30 days. 30 days. 30 days, 



2 years. 1 year, 



1 year. 



1 year. 



6 mos. 



6 mos. 



6 mos. 



1 year. 



1 year. 



60 days. 



30 days. 



40 days. 



30 days. 



5 mos. 



4 mos. 



In 
Precinct. 



60 days. 



30 days. 



Iday. 



20 days. 



1 year. 



60 days. 



30 days. 



6 mos. 



1 year. 



30 days. 



10 days. 



30 days. 



STATE ELECTIONS. 



263 



VOTING. 



Persons Denied the Right 
of Sutfi-age. 



Convicted of treason, felony, 
bribery; idiots; insane. 

Idiots; insane; convicted of 
treason, embezzlement of 
public funds, illegal voting, 
bribery or like crime, pun- 
ishable by hard labor or im- 
prisonment. 

Paupers; persons under guax'- 
dianship; Indians not taxed. 

Persons over 21 yrs. convicted 
of larceny or other infamous 
crime unless pardoned; per- 
sons under guardianship as 
lunatics or idiots. 

Paupers (except honorably 
discharged United States sol- 
diers and sailors) ; persons 
under guardianship, persons 
unable to read and write. 

Aliens; Indians; duellists and 
accessories. 



Convicted of treason or felony, 
unless pardoned; persons un- 
der guardianship or insane. 

Idiots; insane; Indians not 
taxed ; convicted of felony. 



TI. S. soldiers and marines; 
paupers; persons in asylums 
at public expense ; criminals 
convicted once until par- 
doned; felons and violators 
of suffrage laws, conyicted a 
second time. 

Persons convicted of felony, 
unless pardoned. 



Idiots; insane; convicted of 
treason or felony, unless 
pardoned. 



Idiots; insane; convicted of 
treason or felony ; unamnes- 
tied confederates who bore 
arms against the United 
States. 

Paupers (except honorably 
discharged U. S. soldiers and 
sailors); persons excused 
from paying taxes at their 
own request. 

Idiots; insane; persons con- 
victed of crime (unless par- 
doned) which exclude them 
from being witnesses, which 
crimes include blasphemy, 
treason, murder, arson, etc. 

Convicted of bribery or any 
infamous crime, unless par- 
doned; betters on result of 
any election at which they 
offer to vote; bribers for 
votes and the bribed. 



ELECTIONS. 



Registration. 



Time of. 



Not required. 



Required. 



Required. 



Required. 



Required. 



Not required, 
except by spe- 
cial charter. 

Required in cit- 
ies of 1,200 or 
more inhab's. 

Required. 



Required in cit- 
ies of 100,000 
inhabitants 
and over. 



Required. 



Required in all 
cities. 



Required. 



Required. 



Required. 



In cities and in- 
corpo rated 
villages of 
over 7,000 in- 
habitants. 



First Monday in 
August. 

Tuesday after 
first Monday 
in April. 



Second Monday 
in September. 

Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 

Tuesday after 
first Monday 
in November. 

Tuesday after 
first Monday 
in November. 

Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November, 
.1892,and every 
4 jears after. 

Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



How 
Decided. 



By majority. 



By plurality. 



By plurality. 



By majority. 



By plurality. 



By .plurality. 



By plurality. 



By majority. 



By plurality. 



By plurality. 



By plurality. 



By majority. 



By majority. 
(Represe'ota- 
tives by plu- 
rality). 



By plurality. 



By plurality. 



How Made. 



Viva Voce. 
By ballot. 

By ballot. 
By ballot. 

By baUot. 

By ballot. 
By ballot. 
By ballot. 
By ballot. 

By ballot. 

By ballot. 
By ballot. 

By ballot. 

By ballot. 

By ballot. 



STATE CENSUS. 



Not required. 
Every ten years. 

No provision for. 



Has never been 
taken. 



Every tenth year. 



Every ten years. 
91, 1004, etc. 



Every ten years. 
Every ten years. 



Only U. S. census 
taken. 



In 1895 and every 
tenth year there- 
after. 



Not required. 



In 1875 and every 
ten years there- 
after if deemed 
necessary by the 
Legislature. 

None required. 



Every ten years. 



Every ten years. 



264 



APPENDIX. 





' CO 

SI 


DIVISIONS. 


QUALIFICATIONS FOR 

Note.— In nearly all the States the right to vote at general elec- 
tions is restricted to males of 21 or more years. (See exceptions, 
on page 44.) 


STATE. 


< 


<s 
a 
o 




As to Citizenship. 


Previous Residence Required. 




In 

State. 


In 

County. 


In 
Town. 


In 
Precinct. 


North Cakolina, 
North Dakota, 

Ohio, 

Oregon. 

Pennsylvania, 

Rhode Island, 

South Carolina, 
South Dakota, 

Tennessee,. 
Texas, 


1875 
1889 

1851 
1857 
1873 

1843 

1895 
1889 

1870 

1876 

1895 
1793 

1869 

1889 

1872 

1848 

1890 




1878 


1890 


96 
• 56 

88 
33 
C7 

5 

41 
56 

96 

243 

27 
14 

100 

Counties 

18 

Cities. 

34 

55 

70 


13 
2 

18 
23 


9 
1 

21 
2 

28 

2 

7 

2 

Con- 

gressm'n 

at large. 

10 

13 

1 
2 

10 

1 

4 
10 

1 

1 dele- 
gate. 


1 deleg. 




1 deleg. 


1 deleer. 


Citizen of United States. 

Citizen of U.S., alien who 
declared intention, and 
civilized Indian Avho 
severed tribal relations 
2 yrs. preceding elect'n. 

Citizen of United States. 

Citizen of U. S. or alien 
who declared intention 
1 yr. preceding elect'n. 

Citizen of U. S. 1 mo,, and 
if 22 yrs. old or more 
must have paid tax 
Avithin two years. 

Citizen of United States. 

Citizen of U. S. who can 
read and write, or pay 
taxes on $300 or more. 

Citizen of United States, 
or alien who has de- 
clared intention. 

Citizen of United States. 

Citizen of United States, 
or alien who has de- 
clared intention. 

Citizen. 

Citizen of United States. 

Citizen of United States. 

Citizen of United States. 

Citizen of the State. 

Citizen of United States, 
or alien who has de- 
clared intention. 

Citizens who can read. 

No election, except for 
deleg. to Nat'l Convt'n. 

None. 

Citizen of United States, 
age 21 years. 

Able to read ballot. 


1 year. 
1 year. 

1 year. 
G mos. 

1 year. 

2 years. 
2 years 

Ministers & 
teachurs 6 
mos. 

1 year. 

1 year. 

1 year. 

1 year. 
1 year. 

1 year. 

1 year. 

1 year. 
1 year. 

1 j'car. 

6 mos. 
6 mos. 


90 days. 
6 mos. 

30 days. 
30 days. 








90 days. 




20 days. 


30 days. 


2 montlis. 




6 mos. 




1 year. 
6 mos. 

6 mos. 
6mos,i 
4 mos. 






30 days. 




Actual 




residence. 
Actual 




residence. 
CO days. 








Virginia, 
Washington, 


3 mos. 

90 days. 

60 days. 

60 days. 

3 mos. 
30 days. 


3 mos. 


Actual 

residence 

30 days. 

30 days. 


West Virginia, 




Actual 


Wisconsin, 
Wyoming, 




residence. 

Actual 
residence. 


Alaska, 






Arizona, 

Dist. or Columbia, 






New Mexico, 




30 days. 


Oklahoma, 





10 days. 



STATE ELECTIONS. 



265 



VOTING. 



Persons Denied the Right 
of Suffrage. 



Convicted of felony or other 
infamous crime. 

United States soldiers and sail- 
ors, and persons non cumpos 
mentis. 



Felony, until pardoned and re- 
stored to citizenship; idiots; 
insane. 

Idiots; insane; convicted of 
felony; U. S. soldiers and 
sailors; Chinese. 

Convicted of some offence 
whereby right of suffrage is 
forfeited; non-iaxpayei-s. 



Paupers; lunatics; persons non 
Mmpns mejitia; convicted of 
bribery or infamous crime 
until restored to right to 
vote; under guardianship. 

Convicted of treason, murder 
or other infamous crime, or 
duelling; paupers and insane. 

Persons under guardianship: 
idiots; insane; convicted of 
treason or felony, unless par- 
doned. 

Persons convicted of bribery 
or other infamous crime. 



Idiots; lunatics; paupers sup- 
-*ported by county; convicted 

of felony; D". S. soldiers and 

seamen in service. 
Those convicted of offense 

against elective franchise. 

Unpardoned contacts and de- 
serters from U. S. military or 
naval service during civ. war. 

Idiots: lunatics; convicted of 
bribery at elect'n; embezzle- 
ment of pub. funds; treason; 
felony and petit larceny; 
duellists and abettors, unless 
pardoned by legislature. 

Indians not taxed; idiots; in- 
sane; convicted of infamous 
crimes, unless pardoned. 

Paupers: persons of unsound 
mind; convicted of treason, 
felony, or bribery at elect'ns. 

Insane; under guardianship; 
convicted of treason or fel- 
ony, unless pardoned. 

Idiots; insane; felons; those 
unable to read the State con- 
stitution. 



Convicts; lunatics; military: 
Indians: women. 

Convicts. 



ELECTIONS. 



Registration. 



Required. 
Not required. 



Required only 
in Cincinnati 
and Cleveland. 

Not required. 



Required. 



Required. 



Required, 



Required only 
in cities of 
5,000 inhabit- 
ants. 

Not required. 



Prohibited by 
constitutional 
provision. 

Required. 
Required. 

Required. 



Required. 



Prohibited by 
constitutional 
provision. 

In cities re- 
quired. 



Required. 



Required. 



Required in 
cities. 



Time of. 



Tuesday after 
first Mondaj' 
in November. 

Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 

First Monday in 
June. 



Tuesday after 
first Monday 
in November. 



First Wednes- 
day in April. 



Tuesday after 
first Monday 
ia November. 

Tuesday after 
first Monday 
in November 
of ~ all even 
numbered yrs. 

Tuesday after 
first Monday 
in November. 

Tuesday after 
first ; Monday 
in November. 

Same as Presi- 
dential. 

First Tuesday 
in September. 



Tuesday after 
first Monday 
in November. 



Tuesday * after 
first Monday 
in November. 

Tuesday after 
first Monday 
in November. 

Tuesday after 
first Monday 
in November. 

Tuesday after 
first Monday 
in November. 



Tuesday after 
first Monday 
in November. 



How 
Decided. 



By plurality. 
By majority. 

By plurality. 
By plurality. 
By plurality. 

By plurality. 

By plurality. 
By plurality. 

By plurality. 

By plurality. 

By majority. 
By majority. 

By plurality. 

By plurality. 

By plurality. 
By plurality. 

By plurality. 



By plurality. 



How Made. 



By ballot. 
By ballot. 

By ballot. 
By ballot. 
By ballot. 

By ballot. 

By ballot. 
By ballot. 

By ballot. 

By ballot. 

By ballot. 
By ballot. 

By ballot. 

By ballot. 

By ballot. 
By ballot. 

By ballot. 



By ballot. 



STATE CENSUS. 



Not required. 



Every tenth year, 
beginning with 
1895. 



No law concern- 
ing. 

Every ten years. 



None required. 



Every ten years. 



Every ten years. 



Every ten years. 



As often as Legis- 
lature orders. 



Not required. 



Not made under 
State laws. 



None taken. 



Every ten yeara 
after 1895. 



Every ten years. 
Every ten years. 



Biennially by as- 
sessors- 



2Q6 



APPENDIX. 



THE STAXE IvEGISIvATURE. 















1. 




NAME. 


THE STATE SENATE. 1 


STATE.. 


TO 














O S 


a '^ 


Qualifications of Senators. 


Salary. 


Quorum. 






03 


0,0 








Alabama, 


General 
Assembly. 


33 


4 yrs. 


Age, 27 years. A citizen and inhabitant of State 
3 yrs., and inhabitant of County or District 
I year next preceding election. 


$4 per day 
and mile- 
age. 


Majority ol 
all elected 


Arkansas, 


General 
Assembly. 


32 


4 yrs. 


Age 25 yrs. Male citizen of United States. Resi- 
dent of State 1 yr. A qualified elector and 
actual resident of District at time of election. 


$6 per day. 


Majority of 
all elected. 


California, 


State Leg- 
islature. 


40 


4 JTS. 


Must be an elector of the State. 


$8 per day. 


Majority of 
all elected. 


Colorado, 


General 
Assembly. 


35 


4 yrs. 


Age 25 yrs. Citizen of. United States, and 
resident of County or District 12 mos. next 
preceding election. 


$7 per day. 


Majority. 


Connecticut, 


General 

Assembly. 


24 


2 yrs. 


A qualified elector of District. 


$300 and 
mileage. 


Majority. 


Delaware, 


General 
Assembly. 


17 


4 yrs. 


Age 27 yrs. Other qualifications same as Rep- 
resentatives. 


$5 per day. 


Majority of 
all mem- 
bers elect- 
ed. 


Florida, 


Legisla- 
ture. 


32 


4 yrs. 


Qualified elector. 


$6 per day 
and 10 cts. 
mileage 
each way. 


Majority. 


Georgia, 


General 
Assembly. 


44 


2 yrs. 


Age, 25 yrs. Citizen of United States. Citizen 
of State 4 yrs. 1 yr. a resident of District. 


$4 per day 
and mile- 
age. 


Majority. 


Idaho, 




21 


2 yrs. 


Citizen of United States and State. Elector of 
County or District whence he is chosen. 


$5 per day 
for 60 days. 


Majority. 








Illinois, 


General 
Assembly. 


51 


4 yrs. 


Age 25 yrs. Citizen of United States. Five 
years a resident of State, and 2 yrs. next pre- 
ceding election resident of District. 


$1000. 


"""■ 1 


Indiana, 


General 
Assembly. 


50 


4 yrs. 


Age, 25 yrs. Citizen of United States. An in- 
habitant of State 2 yrs., and of County or 
District 1 yr. next preceding election. 


$6 per day 
and mile- 
age. 


Two-thirds, 
of house. 


Iowa, 


General 
Assembly. 


50 


4 yrs. 


Age, 25 yrs. Male citizen of United States. In- 
habitant of State 1 yr. next preceding his elec- 
tion, and at time of election have had an actual 
residence of 60 days in County or District. 


$550 per ses- 
sion. 


Majority. 



THE STATE LEGISLATURE. 



267 



THK state: IvKGISI^ATURK. 



THE LOWER HOUSE. 






100 



100 



80 



65 



House of 253 
Repre- 
sent a 
lives. 



35 



2 yi-s 



2 yrs. 



yrs. 



2 yrs. 



Qualifications of Members. 



Ag-e 21 yrs. Other qualifi- 
cations same as those of 
Senators. 



Ag-e 21 yrs. Other qualifi 
cations same as those of 
Senators. 



Must be an elector of the 
State. 



Same as for Senator. 



Salary. 



2 yrs. Qualified electors and resi 
dents of town for which 
elected. 



175 



49 



153 



100 



100 



2 yrs 



2 yrs. 



2 yrs, 



2 yrs, 



yrs. 



2 yrs. 



2 yrs. 



Age 24 yrs. Citizen and in- 
habitant of State 3 years, 
next preceding first meet- 
ing of legislature after 
election, last year of which 
must be resident of District 

Qualified elector. 



Age 21 yrs. Citizen of United 
States. Citizen of State 2 
yrs. Resident of County 
1 year. 

Same as for Senator. 



Age 21 yrs. Other qualifi- 
cations same as Senator. 



Age 21 yrs. ' Other qualifi- 
cations same as Senator. 



Age 21 yrs. Other qualifi- 
cations same as Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator, 



Same 

as 

Senator, 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 
Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



$550 per 
session. 



Quor- 
um. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority 
of all 
elected 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Two- 
thirds 

of 
house. 



Ma- 
jority. 



MEETING. 



Biennial; Tues- 
day after sec- 
ond Monday of 
November. 



Biennial; first 
Monday in Jan 
uary. 



Biennial; first 
Monday after 
January 1st. 



Biennial ; Wed- 
nesday after 
first Monday in 
January. 

Biennial ; Wed- 
nesday after 
first Monday of 
January. 



Biennial; first 
Tuesday in Jan 
uary. 



Biennial; first 
Tuesday after 
first Monday 
April. 



Biennial; first 
Wednesday in 
November. 



Biennial; first 
Monday in Jan- 
uary. 



LENGTH 
OF 

SESSION. 



Biennial ; Wed- 
nesday after 
first Monday in 
January. 

Biennial; Thurs- 
day after first 
Monday of Jan- 
uary. 



Biennial; second 
Monday in Jan- 
uary. 



Not to exceed 50 
days. 



Sixty days. 



Sixty days. If 
in session long- 
e r , legislators 
serve without 
pay- 
Must not exceed 
90 days. 



Not limited. 



Paid for 60 days, 



Regular session 
may extend 60 
days; special 
session must 
not exceed 20. 

Not longer than 
50 days. 



Paid for 60 days. 



Not limited. 



Regular session 
must not ex- 
ceed 61 days, 
nor special 40. 



Not limited. 



ORIGIN 

OF 
BILLS. 



In either 
house, exr 
cept bills 
for reven- 
ue, which 
must orig- 
inate in 
Ho. of Rp. 

Same as in 
Alabama. 



Any bill may 
o r i g i nate 
in either 
house. 



Same as in 
Alabama. 



In either 
house, ex- 
cept consti- 
stitutional 
amendment 
which orig- 
inates in 
Lower Ho. 

Same as in 
Alabama. 



In either 
house. 



Same as in 
Alabama. 



In either 
house. 



Same as in 
Alabama. 



In either 
house. 



t>68 



APPENDIX. 



STATE. 



Kansas, 



Kentucky, 



Louisiana, 



Maine, 



Maryland, 



Massachusetts, 



Michigan, 



Minnesota, 



Mississippi, 



Missouri, 



Montana, 



Nebraska, 



Nevada, 



New Hampshire, 



New Jersey, 



NAME. 



Legisla- 
ture. 



General 
Assembly, 



General 

Assembly. 



Legisla- 
ture. 



General 
Assembly. 



General 
Court. 



Legisla- 
ture. 



Legisla- 
ture. 



Legisla- 
ture. 



General 

Assembly, 



Legisla- 
tive 
Assembly. 



Legisla- 
ture. 



Legisla- 
ture. 



General 
Court. 



Legisla- 
ture. 



THE STATE SENATE. 



1^ 



40 



36 



31 



26 



40 



32 



63 



34 



24 



33 



15 



24 



21 



4 yrs. 



4 yrs. 



4 yrs. 



:yrs. 



4 yrs, 



1 yr. 



2 yrs. 



4 yrs. 



4 yrs 



4 yrs. 



Qualifications of Senators. 



4 yrs. 



2 yrs. 



4 yrs. 



yrs. 



3 yrs. 



Qualified voter and resident of County or 
District. 



Age, 30 years. Resident of State 6 yrs. next 
preceding election, and the last year there- 
of a resident of District. 



Age, 2.5 years. Elector who has been a res- 
ident of State 5 yrs. and a resident of 
District or Parish 2 yrs. next preceding 
election. 

Age, 25 .yrs. Citizen of United States 5 
yrs. Resident of State 1 yr. and resident 
of Town or District 3 mos. next preced- 
ing election. 

Age, 25 yrs. Citizen of United States. Res- 
ident of State 3 yrs. next preceding elec- 
tion, and of County 1 yr. next preceding 
election. 



Resident of State 5 yrs. next preceding elec- 
tion and District at time of election. 



Citizen of United States and qualified 
elector. 



Qualified voter. Resident of State 1 yr. 
and of District 6 mos. next preceding 
election. 



Age, 25 yrs. Resident of State 1 yr. and 
actual resident of District. Does not 
deny existence of Supreme Being. 



Age, 30 yrs. Male citizen of United States. 
Been qualified voter of State 3 yrs. and 
inhabitant of District 1 yr. next preceding 
election. Have paid a State and County 
tax within year next preceding election. 



Salary. 



$3 per day; 
must not 
exc'd $150 
per sess'n; 
mileage. 

$5 per diem 
and mile- 
age. 



S4 per day. 



$150. 



i8 per da. for 
presiding 
oflScer; $5 
for others; 
mileage 



Quorum. 



$750. 



^3 per day 
and mile- 
age. 



per day. 



$400forreg. 
session; $5 
per da. for 
sp. sess'n. 

$5 per day. 



Majority. 



Majority, 



Majority. 



Majority. 



Majority. 



Majority of 
members. 



Majority. 



Majority. 



Majority. 



Majority. 



Age, 24 yrs. Citizen of United States. Res- $6 per day 
ident of County or District 12 mos. next and mile 
preceding election. age. 



Qualified elector. Resident of District 1 
yr. next preceding election. 



Qualified elector of County and District. 



Age, 30 yrs. Inhabitant of State 7 yrs. next 
preceding election, and inhabitant of Dis- 
trict at time of election. 



Age, 30 yrs. Voter and resident of State 4 
yrs. and County 1 yr. next preceding elec- 
tion. 



55 per day 
and mile- 
age. 



$8 per day; 
not to ex- 
ceed 50 
days. 

Presiding 
officer, 
$250; oth- 
ers, $200; 
mileage. 

$500 per an- 
num; pres- 
ident, y^ 
extra. 



Majority. 



Majority. 



Majority. 



13 Members. 



Majority'. 



TFIK STATE LEGISLATURE. 



269 



THE LOWER HOUSE. 



Name. 



5E 



House of 
Repre- 
senta- 
tives. 



House of 
Repre- 
senta- 
tives. 



110 



!00 



House of 
Repre- 
senta- 
tives. 

House of 
Repre 
seuta- 
tives. 

House of 
Delegra- 

tes. 



House of 
Repre- 
senta- 
tives. 

House of 
Repre 
senta 
tives. 



151 



91 



J40 



Ex: 



Qualiflcations of Members, 



2 yrs. Same as Senator. 



3 JTS. Ag'e24vrs. Citizen of LTnited 
States. Resident of Stated 
yrs. next preceding' elec 
tiou,* and of county, town 
or city the last yr. thereof. 



No provision concerning- 
age, otherwise same as 
Senator. 



House .of 
Repre- 
senta- 
tives. 

House of 
Repre- 
senta- 
tives. 

House of 
Repre- 
senta- 
tives. 



House of 
Repre- 
senta- 
tives. 

House of 
Repre- 
senta- 
tiyes. 

Assem- 
bly. 



100 



119 



13-3 



140 



68 



House of 
Repre- 
senta- 
tives. 



General 
Assem- 
bly. 



100 



30 



360 



60 



4 yrs. 



2 yrs. 



2 yrs. 



lyr. 



3 yrs. 



2 yrs. 



4 yrs, 



JTS. 



yrs. 



2 yrs. 



yrs. 



yrs. 



1 yr. 



Agre 21 yrs. Other qualifi- 
cations same as Senator. 



Ag-e21yrs. Otherwisesame 
as Senator. 



Resident 1 yr. ne.\t preced- 
ing- election. 



Same as Senator. 



Same as Senator. 



Qualified elector. Actual 
resident of district, and 
does not denj' existence 
of Supreme Being-. 

Apre 24 yrs. Male citizen of 
United States. . Qualified 
voter of State 2 yrs. and in- 
habitant of County or Dis 
trict 1 yr. next precedinf 
elect'n. Have paid a State 
and County tnx witMn yr 
next preceding election. 

Age 21 yrs. Otherwisesame 
as Senator. 



Same as Senator. 



Same as Senator. 



Inhabitant of State 2 yrs. 
next preceding his elec- 
tion, and inhabitant of 
Town or District at time 
of election. 

Voter of 21 yrs. Citizen 
and resident of State 2 yrs. 
and of County 1 yr. ne.xt 
preceding election. 



Salary. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same. 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator, 



Same. 

as 

Senator. 



Same 
, as 
Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Same 

as 

Senator. 



Quor- 
um. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



MEETING. 



Biennial; second 
Tuesday of 
January. 



Biennial; last 
Monday of 
December. 



Biennial; second 
Monday of 
May. 



Biennial; first 
Wednesday of 
January. 



Biennial; first 
Wednesday of 
January. 



LENGTH 

OF 
SESSION. 



Maj. of A n )i u a 1 ; first 
mem- Wednesday of 
January. 



bcrs. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority, 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Ma- 
jority. 



Biennial; first 
Wednesday of 
January. 



Biennial; Tues- 
daj' after first 
Monday of 
January. 

Biennial; Tues- 
day after first 
Monday of 
January. 



Wednesday af- 
ter first day of 
January. 



Biennial; first 
Monday of 
January. 



Biehnial; first 
Tuesday in 
January. 



Biennial ; third 
Monday of 
January, 



Biennial; first 
Wednesday of 
January. 



Annual; second. 
Tuesday in 
January. 



Same as Sena- 
tor's. 



Not longer than 
60 days except 
by a ^ vote of 
each house. 



Not to exceed 60 
days. 



Not limited. 



Not longer than 
90 days; special 
session limited 
to 30 days. 



Not limited. 



In special sess'n 
members can- 
not receive 
pay for more 
than 20 days. 

Must not exceed 
90 days. 



ORIGIN 

OF 
BILLS. 



Regular, not 
limited; spec- 
ial, 30 days. 



Biennial; first Seventy days, 



except revis 
i n g sessions, 
when limit is 
90 days. 



Must not exceed 
60 days. 



Members can- 
not receive 
pay for more 
than 60 days. 



Regular session In either 



In either 
house. 



Same as in 
Alabama. 



Same as in 
Alabama. 



Same as in 
Alabama. 



In either 
house. 



Same as in 
Alabama. 



In either 
house. 



Same as in 
Alabama. 



In either 
house. 



In either 
house. 



Same as in 
Alabama. 



Same as in 
Alabama. 



must not ex- 
ceed 50 days, 
nor special 20. 

Not limited. 



Not limited. 



house. 



Same as in 
Alabama. 



Same as in 
Alabama. 



270 



APPENDIX. 



STATE. 



New York, 
North Carolina, 

North Dakota, 

Ohio, 

Oregon, 

Pennsylvania, 

Rhode Island, 
South Carolina, 
South Dakota, 

Tennessee, 

Texas, 

Utah. 
Vermont, 

Virginia, 

Wyoming, 

Alaska. 

Arizona, 

DiST. OF Columbia. 

New Mexico, 

Oklahoma, 



NAME. 



Legisla- 
ture. 

General 

Assembly. 



Legipla- 

tive 

Assembly. 

General 

Assembly. 



Legisla- 
tive 
Assembly. 



General 
Assembly 



General 
Assembly, 



Genei'al 
Assembly. 



Legisla- 
ture. 



General 
Assembly 



Legisla- 
ture. 



Legisla- 
ture. 



General 

Assembly. 



General 
Assembly, 



Legisla- 
ture. 



THE STATE SENATE. 



50 
50 



30 not 
more 
than 

50 
36 



30 



50 



38 



41 



43 



33 



31 



18 



Council. 



Council. 



40 



12 



13 






2 yrs. 
yrs. 

i yrs. 
2 yrs. 
4 yrs. 

4 yrs. 

1 yr. 
4 yrs. 
2 yrs. 

2 yrs. 

4 yrs. 

4 yrs. 
2 yrs. 

4 yrs. 

4 yrs 



2 yrs. 



2 yrs 



Qualifications of Senators. 



Age, 25 yrs. Citizen. Resident of State 2 
yrs. Shall have usually resided in Dis- 
trict 1 yr. next preceding election. 



Age, 25 yrs. Qualified elector in District. 
Resident of State 2 yrs. next preceding 
election. 

Resident of County or District 1 yr. next 
preceding election. 



Age, 21 yrs. Citizen of United States. 
Resident of County or District 1 yr. next 
preceding election. 



Age, 25 yrs. Citizen and inhabitant of 
State 4 jrs. and inhabitant of District 1 
yr. next preceding election. 



Qualified voter. 



Age,25yr8. Citizen of United States. Resi- 
dent of State 2 yrs. and County 1 yr. next 
preceding election. Unconvicted of any 
Infamous crime. 

Age, 25 years. Citizen of United States. 
Qualifle j elector in District. Resident of 
State 2 yrs. next preceding election. 

Age, 30 yrs. Citizen of United States. Resi- 
dent of State 3 yrs. and of County or Dis- 
trict 1 yr. next preceding election. 

Age, 26 yrs. Citizen of United States. Qual- 
ified elector of State. Resident of State 5 
yrs. and of District 1 yr. next preceding 
election. 



Citizen, 25 yrs. of age. 
in State. 



Three yrs. residence 



Age, 30 yrs. Freeman of County. 



Qualified voter and resident of District at 
time of election. 



Qualified voter and resident of District at 
time of election. 



Congress makes all laws for the Territory. 



Congress makes all laws for the Dist. of 

Columbia. 
Qualified voter, 30 years of age. 



Citizen. 



Salary. 



$1500 per an- 

u u m , and 

mileage. 
Pres. officer 

$6 per day; 

others $4; 

mileage. 

$5 per diem 
and mile- 
age. 



J3 per diem 
and mile- 
age. 



$1500, reg. bi- 
ennial sess.; 
mileage 20c. 
per mi. once 
each way; 
$500 ex. ses. 

$1 per diem 
and mile- 
age. 

$4 per day. 



55 per day 
and mile- 
age. 



54 per da. for 
75 das. & 16c. 
per mi. once 
each way 

J5 pr da. first 
60 das. $2pr 
day remain- 
der of sess. 

54 per day. 



per day. 



54 per day; 
$360 per ses. 



per diem, 



$4 per day. 



TIIK STATE LEGISLATURE. 



271 



THE LOWER HOUSE. 




LENGTH 






OD 










ORIGIN 






'Sd 








MEETING. 


OF 


OF 


Name. 




Qualifications of Members. 


Salary. 


Quor- 
um. 




SESSION. 


BILLS. 




^s" 


^o 














Assem- 


128 


lyr. 




Same 


Ma- 


Annual; first 


Not limited. 


In either 


bly. 








as 
Senator. 


jority. 


Tuesday In 
January. 




house. 


House of 


120 


2 yrs. 


Qualified elector and resi- 
dent of County 1 yr. next 


Same 
as 


Ma- 
jority. 


Biennial; first 
Wed. after 


At regular sess. 
not pd. beyond 




Repre- 




senta- 






preceding- election. 


Senator. 




first Monday 


60 das.; at spc'l 




tives. 












of January. 


not beyond 20. 




House of 


60not 


2yrs. 


Ag-e 21 yrs. Otherwise same 


Same 


Ma- 


Biennial; first 


Regular session 


I n either 


Repre- 


mox-e 




as Senator. 


as 


jority. 


Tuesday after 


must not ex- 


house. 


senta- 


than 






Senator. 




first Monday 


ceed 60 days. 




tives. 


140 










of January. 






House of 


114 


2 yrs. 


Same as Senator. 


Same 


Ma- 


Biennial; first 


Not limited. 


I n either 


Repre- 








as 


jority. 


Monday of 




house. 


senta- 








Senator. 




January. 






tives. 


















House of 


60 


2 yrs. 


Same as Senator. 


Same 


Two- 


Biennial: second 


At regular sess. 


Same as in 


Repre- 








as 


thirds 


Monday in 


members' pay- 


Alabama. 


senta- 








Senator. 


of 


January. 


ment not exc'd 




tives. 










house. 




$120; ex. sess'n 
must not- ex- 
ceed 20 days. 




House of 


204 


2 yrs. 


Age 21 yrs. Otherwise same 


Same 


Ma- 


Biennial; first 


One hundred 


Same as in 


Repre- 






as Senator. 


as 


jority. 


Tuesday in 


and fifty days. 


Alabama. 


senta- 








Senator. 




January. 






tives. 


















House of 


72 


lyr. 


Qualified voter. 


Same 


Ma- 


Annual; last 


Not limited. 


I n either 


Repre- 








as 


jority. 


Tues.inMayat 




house. 


senta- 








Senator. 




Newport, then 






tives. 












adjourned to 
Providence. 






House of 


124 


2 yrs. 


Age 21 yrs. Otherwise same 


Same 


Plural- 


Annual; second 


Forty days. 


Same as in 


Repre- 






as Senator. 


as 


ity. 


Tuesday in 




Alabama, 


senta- 








Senator. 




January. 






tives. 


















House of 


83 


2 yrs. 


Same as Senator. 


Same 


Ma- 


Biennial; first 


Regular session 


I n either 


Repre- 








as 


jority. 


Tuesday after 


must not ex- 


house.. 


senta- 








Senator. 




first Morid. of 


ceed 60 -days. 




tives. 












January. 






House of 


99 


2 yrs. 


Age 21 yrs. Otherwise same 


Same 


Two- 


Biennial; first 


Seventy-five 


I n either 


Repre- 






as Senator. 


as 


thirds 


Monday of 


days. 


; house. 


senta- 








Senator. 


of 


January. 






tives. 










house. 








House of 


106 


2 yrs. 


Age 21 yrs. Citizen of TJ. S. 


Same 


Two- 


Biennial; second 


Special session 


Same as in 


Repre- 






Qualified elector of State. 


as 


thirds 


Tuesday of 


must not ex- 


Alabama. 


senta- 






Resident of State 2 yrs. and 


Senator. 


of 


January. 


ceed 30 days. 




tives. 






of District 1 yr. next pre- 
ceding election. 
Same as Senator, 




house. 








House of 


45 


2 yrs. 


$4 per 


23 


Biennial ; even 


Sixty days. 


I n either 


Repre- 








day. 




years. 




house. 


senta- 


















tives. 


















House of 


245 


2 yrs. 


Resident of State 2 yrs. and 


Same 


Ma- 


Biennial; first 


Not limited. 


Same as in 


Repre- 






of Town 1 yr. next pre- 


as 


jority. 


Wednesday of 




Alabama. 


senta- 






ceding election. 


Senator. 




October. 






tives. 


















House of 


100 


2 yrs. 


Same as Senator. 


Same 


Ma- 


Biennial; first 


Must not exceed 


I n either 


Delega- 








as 


jority. 


Wednesday of 


90 days, unless 


house. 


tes. 








Senator. 




December. 


by a three- 
fifths vote of 
each house. 




House of 


















Repre- 


















senta- 


















tives. 


















House of 


24 


2 yrs. 


Qualified voter, 24 years of 


$5 per 


Ma- 


Biennial; odd 


Sixty days. 




Repre- 






age. 


diem. 


jority. 


years. 






senta- 


















tives. 


















House of 


26 


2 yrs. 


Citizen. 


$4 per 


Ma- 


Biennially. 


Sixty days. 


I n either 


Repre- 








day. 


jority, 






house. 


senta- 


















tives. 



















272- 



APPENDIX. 





NAME. 


THE STATE SENATE. 


STATE, 


00 

<t-l ^ 
OO 


<4-i 

II 


Qualifications of Senators. 


Salary. 


Quorum. 


Washington, 
West Vihginia, 

Wisconsin, 
Wyoming, 


Legisla- 
ture. 

Legisla- 
ture. 

Legisla- 
ture. 

Legisla- 
ture, 


34 
26 

33 


4 yrs. 
4 yrs. 

4 yrs. 


Citizen of United States. Qualified voter of 
District. 

Age, 25 yrs. Qualified voter. Citizen of State 5 
yrs. next preceding election, and resident of 
County or District 1 yr. next preceding election. 

Resident of State 1 yr. Qualified elector in 
District. 


S5 per day 
and mile- 
age. 

Pres. oflicer 
$15 pr. day; 
others $4; 
mileage. 

$500 ea. reg- 
ular scs- 

, si on and 
mileage. 


Majority. 
Majority. 

Majority. 















THE GOVERNOR. 



STATE. 



Alabama. 



Arkansas, 



California, 



Colorado, 



Connecticut, 



Delaware. 



Term of 
Office. 



2 years. 



2 years. 



4 years. 



2 years. 



2~year8. 



4 years. 



Qualifications. 



Age .'JO years; citizen of United States 10 
years; resident citizen of State at least 7 
years next preceding his election. 



Age 25 years; citizen of United States 5 
years; a resident of the State 1 year next 
preceding bis election and a qualified 
voter. 



Age 25 years: citizen of the United States 
and resident of the State 5 years next 
preceding his election. 



Age 30 years; citizen of United States and 
qualified elector; resident of State 2 years 
next preceding his election. 



Age .30 years; qualified elector of State. 



Age 30 years; citizen and inhabitant of 
United States 12 years next preceding 
first meeting'of legislature after his elec- 
tion; last 6 of that time an inhabitant of 
the State. 



Vacancy in Ofiice. 
how tilled. 



President of the Senate; 
after him Speaker of 
the House. 



By President of the Sen- 
ate. 



Salary 
per annum. 



$3,000. 



$3,000 and 
$600 rent of 
mansion. 



By the Lieutenant Gov 
ernor. 



By the Lieutenant Gov- 
ernor, 



By the Lieutenant Gov- 
ernor. 



Speaker of Senate; after 
him Speaker of House. 



$0,000. 



$5,000. 



$4,000. 



$2,000. 



THE STATE LEGISLATURE. 



273 



THE LOWER HOUSE. 


MEETING. 


LENGTH 
OF 

SESSION. 




Name. 


^1 


111 
- o 

0.5 


Qualification of 
Members. 


Salary. 


Quorum. 


ORIGIN 

OF 
BILLS. 


House of 
Kepre- 
senta- 
tives. 

House of 
Deleg-H- 
les. 

Assembly. 


78 
65 

100 

■ 


~ yrs. 
2 yrs. 

2 yrs. 


Same as Senator. 
Same as Senator. 

Same as Senator. 


Same 

as 

Senator. 

Same 

as 

Senator. 

Same 

as 

Senator. 


Majority. 
Majority. 

Majority. 


Biennial ; first 
Wed. after 
first Monday 
of January. 

Biennial : sec- 
ond Wed. of 
January. 

Biennial ; sec- 
ond Wed. in 
January. 

Tuesday after 
first Monday 
in November. 


Must not ex- 
ceed 60 days. 

Not exceed 4-i 
days, without 
concurrence 
of Ya, of each 
house. 

Not limited. 
Forty days. 


In either 
house. 

In either 
house. 

In either 
house. 


Repre- 
sent a - 
tives. 


' 











AND OTHER SXAXE OFFICERS. 



NAMES. 



Secretary of State, 

' Aaditor, :- 

Treasurer, „ 

Superintendent of Education, 

Attorney General 

Five SupremeCourt Judges, 

Secretary otState 

Auditor, 

Treasurer, 

! Attorney General, 

Commissioner of State Lands 

Five Judges of Supreme Court,.. 
Seventeen Judges of Circuit and 

Chancery Courts, 

Supt. of Public Instruction 

Reporter of Supreme, Court 

Commissioner of Agriculture 

Supt. of Penitentiary, 

Financial Agent 

Lieutenant Governor, 

Secretary of State 

Treasurer, 

Comptroller, 

Attorney General 

Surveyor General, 

Clerk Supreme Court, 

School Superintendent, 

Lieutenant Governor, 

Secretary of State, 

Treasurer, 

Auditor, -.-^. 

Attorney General, i. .. 

Supt. of Public Instruction,.-.... 

Lieutenant Governor _- 

Secretary of State, ^ 

Treasurer 

Com ptroller, 

Secretary of State, .„ 

State Treasurer;^' 

Attorney General 

A udi tor,. . .^.,„ , . . .^ 



Terms of Office. 



2 years. 
2 years . 
2 years - 
2 years, 
2 years. 
6 years. 

2 years . 
2 years. 
2 years . 
2 years. 
2 years. 
8 years. 



4 years 

2 years 

« years 

2 years 

At pleasure of 
peniten. com. 

4 years 



4 years. 
4 years. 
4 years. 
4 years- 
4 years. 
4 years. 
4 years. 

2 years. 
2 years. 
2 years. 
2 years. 
2 years. 
2 years. 

2 years. 
2' years - 
2 years. 
2 years. 



As long as term 
of Gov'r lasts 

2 years 

5 years , 

2 years 



Salaries per 
annum. 



$1,800 

1,800 

2,100 

2,250. 

1,500 

3,600 each . 



81,800 

2,250 

2,250 

1,500 

1,800 

3,000 each. 



52,000 each. 

1.600 

2.000 

1,800 



2,250. 

1,800 

$10 pr. da. and mile- 
age during session 

of legislature 

$3,000 

3,000 

3.000.-.L 

3,000...' 

.3.000 •. 

3,000 

3,000 



$1,000... 
3.000... 
6,000... 
2..500... 
3,000... 
34)00... 



5 500. 
1,500. 
1.500. 
1,500. 



How raised to 
Olflue. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



I Appointed. 
] Elected. 
I Klected. 
Elected. 



Qualifications. 



Age 25 years ; citizen of 
United States 7 years; 
resident of state 5 yrs. 
next preceding elect'n. 



The first and last named 
officers must be 30 yrs. 
of age— the others 25; 
all must be qualified 
electors; citizens of 
United States and resi- 
dents of State 2 years, 
next preceding elect'n. , 



'274 



APPENDIX. 



STATE. 



Fl<OBII)A, 



Term of 
Office. 



4 years. 



Georgia, 



IDABO, 



Illinois, 



' Indiana, 



2 years. 



8 years. 



4 years. 



4 years. 



Iowa, 



2 years. 



Kansas, 



2 years. 



Kentucky, 



4 years. 



Louisiana, 



4 years. 



Maine, 



2 years. 



Qualifications. 



Qualified elector of State; citizen of United 
States 10 years; and 5 j-ears a citizen and 
resident of State next preceding his elec- 
tion. 



Age 30 years; citizen of United States 15 
years; citizen of State 6 years. 



Age 30 years; citizen of United States; 
resident of State 2 years next preceding 
election. 



Age 30 years; a citizen of United States 
and of State 5 years next preceding elec- 
tion. 



Age 30 years: citizen of United States 5 
years, resident of State 5 years next pre- 
ceding his election. 



Age 30 years; citizen of United States; 
resident of State 3 years next preceding 
election. 



Age 35 years; citizen of United States; 
inhabitant of State 6 years next preced- 
ing election. 



Age 30 years; citizen of United States 10 
years; and resident of State 10 years next 

E receding election, must not be a mem- 
er of Congress, nor hold U. S. office 
within 6 months preceding election. 



Ape 30 years; natural born citizen of 
United States; resident of State five 
years at time of election. 



Vacancy in OflRce, 
how filled. 



President of Senate; after $3,500. 
him Speaker of House. 



Salary, 
per annum. 



President of Senate; after 
him Speaker of House. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor, 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By President of Senate, 
after him Speaker of 
House. 



$3,000. 



$3,000. 



$6,000. 



$5,000. 



$3,000. 



$3,000. 



$5,000. 



$4,000. 



$2,000. 



THE GOVERNOR AND OTHER STATE OFFICERS. 



275 



NAMES. 



Secretary of State, 

Attorney General, 

Comptroller, 

Treasurer, 

Supt. of Public Instruction, 

Commissioner of Agriculture 

Three Supreme Court Justices,.. 
Seven Circuit Judges., 

Secretary of State, 

Treasurer, 

Attorney General, 

Comptroller General, 

Commissioner of Agriculture, — 

Lieutenant Governor, 

Secretary of State, 

Auditor of Accounts, 

Treasurer, 

Supt. of Public Instruction, :. 

Attorney General, 

Lieutenant Governor, 

Secretary of State, 

Auditor of Public Accounts, 

Treasurer w 

Supt. of Public Instruction, 

Attorney General, 

Lieutenant Governor, 

Secretary of State, 

Auditor, 

Treasurer, 

Attorney General, 

Supt. of Public Instruction, 

Clerk of Supreme Court, 

Reporter of Supreme Court, 

Statistician of Supreme Court,... 
Geologist, 

Lieutenant Governor, 

Secretary of State, 

Auditor of State, 

Treasurer of State, 

Supt. of Public Instruction, 

Clerk of Supreme Court, 

Heporter of Supreme Court, . 

Attorney General, 

Three Hallway Commissioners, .. 
Six Judges of Supreme Court, ... 

Secretary of State, 

Attorney General, 

State Treasurer, 

Auditor of State, 

Supt. of Public Instruction, 

Lieutenant Governor 

Lieutenant Governor, 

Auditor, 

Attorney General, 

Treasurer, 

Supt. of Public Instruction, 

Registrar of Land Office, 

Secretary of State, 

Secretary of State, 

Lieutenant Governor, 

Auditor, 

Treasurer, 

Adjutant General, 

Land Commissioner, , 

Attorney General, 

Commissioner of Agriculture and 
Immigration, 

Seven Councillors, 

Secretary of State, 

Treasurer, 

Attorney General, 

Adjutant General 

Supt. of Common Schools, 

Librarian, 



Terms of Office, 



The first 6 offi- 
cers 4 years. 

The Judges 6 
years. 



2 years 

3 years 

2 years 

2 years 

2 years 

2 years 

2 years : 

2 years 

2 years 

2 years 

2 years 

Treasurer 2 yrs.; 
all others 4 yrs 



4 years 

2 years 

2 years 

2 years 

2 years 

2 years 

4 years 

4 years 

4 years 

2 years 

2 years .'„.. 

2 years 

2 years ...i....-^ 

2 years ^: 

2 years 

4 years 

4 years 

2 years 

3 years 

6 years 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

4 years 

4 years 

4 years 

2 years 

4 years 

4 years 

4 years 

4 years ..^ 

4 years 

4 years ,... 

4 years 

4 years 

4 years 

4 years 

4 years..... 

1 year 

2 years v 

2 years 

2 years 

2 years 

2 years 

2 years 



Salaries, 
per annum. 



52,000 

2,000 

2,000 

2,000 

2,000 

2,000 

3,000 each. 
2,500 each. 



$2,(m. 

2,000. 
2.000. 
2,000. 
2,000. 



$1,800 . 
1,2C0. 
l,00O. 
1,000. 
1,500. 
2,000. 

;51,000. 
3,500. 
3,500. 
3,500. 
3,500. 
3,500. 

$1,000. 
6,500. 
7,500. 
6,500. 
7,500. 
2,500. 
5,000. 
4,000. 
.2,500. 
2,500. 



$1,100 ea. sess. of leg. 

2,200 

2,200 

2,200- _ 

2,200.- - 

2,200: 

2,200 

4,000 

2.200 
4,000 



each, 
each. 



$2,500 

2,.500 -■.— 

2,500 

2,000 

2,500 X. 

$6 pr. da. dur. sit. of 

leg., mile, and $700 

pr. yr.as chairman 

of R. R. Assessors. 

$10 per day on duty 

2,500 and fees 

500 and fees 

3,000 and $700 per- 
quisites 

$2,400 

2,000 

1,500 and fees...... 



1,800 and fees 

i per day during 

session of legislat. 
$2,500 :.. 

2,000 

2,000 

Fees 

$3,500 

2,500 

2,500 



S150, and $2 per day 

and mileage 

$1.500 

2,000 

1,500 

1,000 

1,500 

1,000 



Row raised to 
Office. 



Circuit Judges 
are appoint- 
ed by Gover 
nor and State 
Senate. All 
others elect- 
ed by people. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



Elected hy the 
people. 



Secretary of 
State is ap- 
pointed by 
Gover'r and 
Senate. Oth- 
ers elected 
by people. 



Elected by the 
people. 



First ten are 
elected by 
legislature; 
last three are 
appointed by 
governor. 



Qualifications, 



The Judges must be 25 
years of age and attor- 
neys at law. 



Citizen of United States 
10 yrs.; resident of State 
6 years next preceding 
election; age, 25 years. 



Citizen of United States; 
resident of State 2 yrs.; 
Lieut. Gov. and Attor- 
ney General 30 years of 
age; other officers 25 
.years of age. 



Lieut. Gov. same as Gov. 
Treasurer and Auditor 
must be 24 yrs. of age, 
citizens of United States 
and residents of State 2 
years next preceding 
election. 



The Councillors must be 
citizensof United States 
and residents of State. ' 



276 



APPENDIX. 



STATE. 



Maryland, 



Term of 
Offijce. 



4 years. 



Massachusetts, 



Michigan, 



Minnesota, 



Mississippi, 



1 year. 



2 years. 



3 years. 



4 years. 



Missouri, 



Montana, 



Nebraska, 



4 years. 



4 years.. 



2 years. 



Nevada, 



New Hampshire, 



4 years. 



2 years. 



Qualifications. 



Age 30 years; citizen of State 10 years; 
and resident of State 5 years next pre- 
ceding' election, and qualified voter at 
time of election. 



Inhabitant of State 7 years next preced- 
ing election. " 



Age 30 years; citizen of United States 5 
years, and resident of State 2 years next 
preceding election. 



Age 25 years: citizen of United States; 
resident of State 1 year next preceding 
election. 



Age 30 years; citizen of United States 20 
years; resident of State 5 years next pre- 
ceding election. Does not deny exist- 
ence of Supreme Being. 



Age 25 years; male, citizen of United States 
10 years; resident of State 7 years next 
preceding election. 



Age 30 years: citizen of United States and 
t resident of State 2 years next preceding 
election. 



Age 30 years; citizen of United States, and 
State 2 years preceding his next election. 



Age 25 years; qualified elector and citizen, 
resident of State 2 years next preceding 
election. 



Vacancy in Oflice, 
how tilled. 



By electors of General 
Assembly if in session; 
if not, President of Sen- 
ate acts during recess. 



Age 30 years; inhabitant of State 7 years 
next preceding election. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov 
ernor. 



By the Lieutenant Gov- 
ernor. 



Salary 
per annum 



S4.500 ami 
furnished 
mansiua. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



;.ooo. 



$4,000. 



$5,000. 



$3,500. 



$5,000. 



$5,000. 



$2,500. 



$4,000. 



President of Senate; next 
Speaker of H9U8e. 



$2,000. 



THE GOVERNOR AND OTHER STATE OFFICERS. 



277 



NAMES. 



Secretary of State, 

[Comptroller, 

Treasurer, 

Attorney General, 

Tax Commissioner, 

Insurance Commissioner — 

Commissioner of Land Office, 

Adjutant Genenil. 

State Librarian 

Clerk of Court of Appeals, 

Lieutenant Governor, 

Secretary of State, — 

Treasurer and Receiver General,. 

Auditor, 

Attorney General 

Eight Executive Councillors, 

Secretary of State 

State Treasurer,. 

Commissioner of Land Office, 

Auditor General, 

Attorney General, 

Supt. of Public Instruction, 

Lieutenant Governor, 

Secretary of State 

Treasurer, 

Auditor and ex-offlcio Land Com'r, 
Attorney General, 

Lieutenant Governor, 

Secretary of State, 

Auditor, 

Treasurer 

Supt. of Public Education, 

Attorney General, 

Three Railroad Commissioners, .. 
Land Commissioner, 

Secretary of State, 

State Auditor 

State Treasurer. 

Attorney General, 

Superintendent of Schools 

Three Railroad Commissioners,... 

Five Supreme Court Judges, 

Lieutenant Governor, ._ 

Lieutenant Governor, 

Secretary of State, 

Treasurer, - 

Auditor, 

Attorney General, 

Supt. of Public Instruction 

Three Judges Supreme Court, 

Clerk of Supreme Court, 

Eight District Judges, 

Lieutenant Governor, 

Secretary of State, 

Auditor "of Public Accounts, 

Treasurer 

Supt. of Public Instruction, 

Attorney General, 

Commissioner of Public Lands, 
and Buildmgs, 

Lieutenant Governor, 

Secretary of State, 

State Comptroller, 

State Treasurer 

State Land Registrar, 

Supt. of Public Instruction. 

Three Judges of Supreme Court,. 

Attorney General, 

Superintendent of State Printing, 

Five Councillors 

Secretary of State, 

Treasurer, . 

Commissary General, ♦ 



Term of Office. 



Aslongasapp't- 
ing Gov. serves 

2 years 

2 years 

4 years 

2 years 

2 years 

2 years 

2 years 

2 years 

6 years 

1 year 

1 year 

1 year 

1 year 

1 year 

1 year 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

4 years 

2 years 

4 j'ears 

4 j'oars 

4 years 

4 years 

4 years 

4 years 

4 years 

4 years 

4 J'ears 

4 J'ears 

4 years 

4 years 

4 years 

6 yetirs 

10 years 

4 years 

4 J'ears 

4 years 

4 J'ears 

4 years 

4 years 

4 J'ears 

6 J'ears 

6 years 

4 years 

2 years 

2 years..:. 

2 years 

2 J'ears 

2 jears: 

2 years 

2 years 

4 years 

4 years 

4 jears 

4 years 

4 J'ears 

4 years 

6 J'ears 

4 years 

4 J'ears 

2 J'ears 

2 years 

2 j'eai'S 

2 years 



Salaries per 
annum. 



S2,000 

2.500 

2,500 

3,000 

2.,500 

2,500 

1..500 

L500 

1,500 

3,000 

$2,000 

3.500 

5,000 

3,=;00 

5,000 

800 each 

$ 800 

1,000 

800 

3,000 

800 

1,000 

$10 per day as Pres. 
of Senate. 

3,500 : 

3.500 

3.600 

3,500 

As Pres. of Senate, 
reg. sess. $500, sp'l 
sess. $6 per day. 
$2,000 

2.500 

2,500 

2,000 

2,500 

2,000 each 

1,800 

$3,000 

3,000 

3,(X)0 

3.000 

3,000 -.-. 

3,000 each 

4,.500 each.. 

1,000, and $7 per day 

during session 

$10 per diem during 

session of legisla- 
ture 

S3.000 

3,000 

3,000 

4,000 each 

2,500 

3,500 each 

$10 per day of sess.. 

2,000 

2.500 

2,500 

2.000 

2,000 

2,000 

$10 per day as Pres. 

of Sen.; $8 per da. 

when act. as Gov. 

3.000 

2.400 

2,400 

2,400 

1,000 

4,500 each 

2,000 

2.000 

$3 per da. and milea. 

800 and fees 

1,800 

1,000 



How raised to 
Office. 



Appointed by 
Governor. 

Elect, by peop. 

Elect, by legis. 

Elect, by peop. 

Appointed. 

Appointed. 

Appointed. 

Appointed. 

Appointed. 

Elected by the 
people. 

Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



All officers are 
elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



First elect, by 
people, last 3 
by General 
Court. 



Qualifications. 



The Attorney General 
must be a citizen of 
State and qualified 
voter, and must have 
resided and practiced 
law in State ^t least 10 
years. 



Residents 5 j'ears next 
preceding election. 

Lieut. Gov. 7 years next 
preceding election. 



Lieut. Gov. same as Gov. 
Following four officers 
must be 25 yrs. old and 
citizens of State 1 year 
next preceding elect'n. 



First 5 officers male eiti-^ 
zens of U. S., 25 yrs. old, 
res. of State 5 yrs. next 
prec. elec. Judges citi- 
zens of U. S. 30 yrs. old, 
clt'z'sof StateSyrs.next 
prec. elec. andlearned in 
law. Lieut. Gov. same 
as Gov. 

Lt. Gov. and Supt. Pub. 
Inst, same as Gov.; Sec. 
of State.Treas. and Aud. 
25 years old, otherwise 
same as Gov. Att'yGen. 
same as Gov. and ad. to 
practice in Sup. Ct. of 
State and of gd. stdg. 
Sup. Ct. Judges same as 
Atty Gen. IJist. Judges 
same, except 25 yrs. of 
age and 1 yr.resof State. 



Lieut. Governor same as 
Governor. Othersqual- 
ifled electors. 



The Councillors must be 
qualified same as Sen- 
ators. 



278 



APPENDIX. 



STATE. 



New Jersey, 



New York, 



North Carolina, 



North Dakota, 



Ohio, 



Oregon. 



Pennsylvania, 



Rhode Island, 



South Carolina, 



South Dakota, 



Term of 
Office. 



3 years. 



2 years. 



4 years. 



2 years. 



2 years. 



4 years. 



4 years. 



1 year. 



2 years. 



2 years. 



Qualifications. 



Age 30 years; citizen of the United States 
20 years ; resident of State 7 years next 
preceding election. 



Age 30 years ; citizen of United States ; 
resident of State 5 years next preced- 
ing election. 



Age 30 years ; citizen of United States 5 
years; resident of State 2 years next 
preceding election. 



Age 30 years; citizen of United States; 
qualified elector of State, and resident 
of State 5 yrs. next preceding election. 



Age 30 years ; citizen of United States ; 
resident of State 3 yrs. next preceding 
election. , 



Age 30 years ; citizen of United States 
and of State 5 years next preceding 
election. 



Qualified elector. 



Age 30 years: citizen of United States; 
resident and citizen of State 2 years 
next preceding election. Does not 
deny the existence of a Supreme 
Being. 



Age 30 years ; citizen of United States ; 
qualified elector of State and resident 
of State 2 yrs. next preceding election. 



Vacancy in Office, 
how filled. 



President of Senate; 
Speaker of House. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



Secretary of State; Pres- 
ident of Senate. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



Salary, 
per annum. 



$10,000. 



$10,000 and' 
mansion. 



$3,000. 



$3,000. 



3,000. 



$1,500. 



$10,000. 



$3,000. 



$3,000. 



$2,500. 



, 



THE GOVERNOR AND OTHER STATE OFFICERS. 



279 



NAMES. 



Secretary of State, 

Treasurer, 

Comptroller, 

Adjutant General, 

Quartermaster General, 

State Prison Keeper, 

Attorney General, 



Lieutenant Governor, 

Secretary of State, 

Comptroller, 

Treasurer, 

Attorney General, 

State Eng-ineer and Surveyor, 

Seven Judpres Court of Appeals,.. 
Superintendent of Public Works, 

Superintendent of State Prisons, 

Lieutenant Governor, 



Secretary of State, 

Auditorj 

Treasurer, 

Attorney General, 

Supt. of Public Instruction,. 



Lieutenant Governor 

Secretary of State, 

Auditor, 

Treasurer, 

Attorney General, 

Commissioner of Insurance, 

Three Railroad Commissioners,.. 

Supt. of Public Instruction, 

Commissioner of Agriculture,-., 

Three Supreme Court Judges, 

Six District Judges, ^ 

Land Commissioner, 

State Commissioner, 



Lieutenant Governor, 

Secretary of State, 

Auditor, j. 

Treasurer,..- 

Attorney General, - 

Five Supreme Court Judges, 

Clerk of Supreme Court, 

Commissioner of Com'n Schools. 
Three Memb's Board of Pub. Wks. 



Secretary of State, 

State Treasurer, 

State Printer, 

Supt. Public Instruction 

Three Judges of Supreme Court, 



Lieutenant Governor. 

Auditor General 

State Treasurer, 

Secretary of Internal Affairs, 

Secretary of Commonwealth, 

Attorney General, 

Supt. of Public Instruction, 

Insurance Commissioner 

Commissioner of Banking, 

Secretary of Agriculture, 

Adjutant General, 

Factory Inspector, 



Lieutenant Governor. 

Secretary of State, 

Attorney General. 

General Treasurer, 



Secretary of State, 

Comptroller General, 

Superintendent of Education, — 

Treasiirer, 

Attorney General, 

Adjutant and Inspector General, 
Superintendent of Penitentiary,. 



Secretary of State, 

State Auditor 

State Treasurer, 

Superintendent of Schools 

Commissioner of School Lands,. - 
Attorney General, 



Term of Office. 



5 years - 
3 years. 
3 years - 



5 years. 
5 years. 



3 years 

2 years 

3 years 

2 years 

2 years v 

2 years .... 

14 years 

Same as ap- 
pointing Gov, 

5 years ,. 



4 years. 

4 years. 
4 years. 
4 years. 
4 years. 
4 years. 

2 years - 
2 years. 
2 years. 
2 years. 
2 years. 
2 years - 
2 years. 
2 years. 
2 years . 
6 years. 
4 years. 
2 years. 
2 years. 

2 years. 
2 years. 

4 years. 
2 years. 

2 years. 

5 years. 

3 years. 
3 years - 

3 years. 

4 years. 
4 years. 
4 years - 
4 years - 

6 years. 



years, 
years, 
years, 
years, 
years, 
years, 
years, 
years, 
years, 
years, 
years, 
years. 



1 year . . 
1 year.. 
1 year.. 

1 year.. 

3 years. 

2 years. 
2 years. 
2 years. 
2 years. 
2 years . 
2 years. 

2 years. 
2 years. 
2 years. 
2 years - 
2 years. 
2 years. 



Salaries 
per annum. 



$6,000. 
6,000. 
6,000. 
1,200. 
1,200. 
3,501). 
7,000. 



$5,000 

5,000 

6.000 

5,000 

5,000 

5.000 

7,000 each. 



H per day during 
session of senate 

^2,000 

1,500 

3,000 

2,000 ■.„.. 

1,500 



$1.000 

2,000 

2,000 

2,000 

2,000 

2,000 

2,000 

2,000 

1,800 

4,000 each. 
3,ai0 each. 

1,500 

2.000 



I 800. 
3,000. 
3,000. 
3.000. 
3.000. 
4,000. 
2,000. 
2,000. 
800. 



$1,500 

800 

Fees 

1,800. 

3,500 each. 



$3,000. 
3,000- 
5,000- 
3,000. 



3,500. 



3,000 and fees.... 

6.000 

3.500 

4,000 

3,000 



5 500. 
3,000. 
4,000. 
2,500. 

$1,900. 
1,900. 
1,900. 
1,900. 
1,900. 
1,200. 
1,900- 

$1,800. 
1,800. 
1,800. 
1,800. 
1,800. 
1,000. 



How raised to 
Office. 



Treas. & Compt. 
elected by leg- 
islature; other 
State officers 
appointed b y 
the Governor 
and Senate. 

The last two offi. 
cers are ap 
pointed by 
Governor and 
Senate; others 
by the people 



Elected by the 
people. 



Elected by the 
people. 



Appointed by 
the Governor 

Elected by the 
people. 



First four offi- 
cers elected by 
the people; 
other officers 
by the Gover- 
nor and Senate. 



Elected by the 
people. 



Elected by the 
people. 



Elected by the 
people. 



Qualifications. 



The Lieutenant Governor 
must have same quali- 
fications as Governor. 
The State Engineer and 
Surveyor must be a 
practical engineer. 



Lieut. Gov. same as Gov. 
Sup. Ct. Judges must be 
30 yrs. of age, learned in 
law, citizens of U. S. and 
residents of State 3 yrs. 
next precedingelection. 
Dist. Judges must be 25, 
learned in law, citizens 
of U. S., residents of 
State 2 yrs. next precd'g 
election, and qualified 
voters of dist. Others 
must be 25 yrs. of age, 
citizens of U. S. and 
qualified voters. 



The Judges must be cit- 
zens of U. S. and resi- 
dents of State 3 yrs. next 
preceding election. 



Qualified voters. 



280 



APPENDIX. 



STATE. 



Tennessee, 



Texas, 



Utah, 



Vekmont, 



Virginia, 



WASniNGTON, 



West Virginia, 



Wisconsin, 



Wyoming, 

Alaska, 

Arizona, 

DiST. of Columbia, 

New Mexico, 



Term of 
Office. 



2 years. 



2 years. 



Oklahoma, 



4 years. 



2 years. 



4 years. 



4 years. 



4 years. 



2 years.. 



4 years. 
4 years. 



Qualification^. 



Ape 30 years ; citizeu of Uaited States ; 
citizen of State 7 years next preceding 
election. 



Age 30 s'ears ; citizen of United States ; 
resident of State 5 years next preced- 
ing election. 



Citizen, 30 years of age; 5 years residence 
in State. 



Resident of State 4 years next preceding 
election. 



Age 30 years; citizen of United States 
for 10 years and of state 3 years next 
preceding election. 



Citizen of United States; qualified voter 
of State. 



Age 30 years : citizen of State 5 years 
next preceding election. 



Citizen of United States; qualified elector 
of State. 



3 years. 

4 years, or 
opt'n of 
Pres. 



4 years. 



Executive functions discharged by a 
Board of Three Commissioners. 

Qualified citizen of United States. 



Decided by President who appoints. 



Vacancy in Office, 
how filled. 



Speaker of Senate; after 
him Speaker of , House. 



Lieutenant Governor; 
next President of Sen- 
ate. 



Secretary of State. 



By the Lieutenant Gov- 
ernor. 



By the Lieutenant Gov- 
ernor. 



Lieutenant Governor ; 
next Secretary of State. 



If vacancy occurs before 
expiration of first;? yrs. 
of term a new election 
takes place. Otherwise 
Pres. of Senate acts. 



By the Lieutenant Gov- 
ernor; next Secretary 
of State. 



Appointed by President 



Appointed by President. 



Appointed by President. 



Salary, 
per annum. 



S4,000. 



$4,(K"I0. 



$2,0110. 



SU'iiKi 



85,1X10. 



$4,000. 



$2,700. 



$5,000. 



$2,500. 
$3,000. 



■$5,000. 
$2,C00. 



$2,{W. 



THE GOVERNOR AND OTHER STATE OFFICERS. 



281 



NAMES. 



Five Supreme Judfres, 

Secretary of State, 

Comptroller, 

Treasurer, 

Attorney GeneraL 

State Supt. of Public Instruction. 



Lieutenant Governor, 

Attorney General, 

Treasurer, 

Comptroller, 

Comiiiis'r of General Land-Office. 

Supt. of Public Instruction, 

Three Supreme Court Judges, 

Three Judges Court of Appeals,.. 
Secretary of State 



Secretary of State^ 

Attorney General,. _ 

State Auditor, 

State Treasurer^ 

Supt. of Public Instruction, 

Three Justices of Supreme Court 

Lieutenant Governor. 

Secretary of StatCj-. . . -. . 

Treasurer 

Auditor of Accounts, 

Adjutant and Inspector General, 

Quartermaster General, 

Seven Supreme Court Judges, 

Superinteudent of Schools, 



Term of 
Office. 



Lieutenant Governor, , 

Attorney General 

Auditor, : 

Second Auditor, 

Secretary of Commonwealth, 

Treasurer, 

Supt. of Public Instruction, 

Kailroad Commissioner, , 



Lieutenant Governor, 

Secretary of State, 

Treasurer, , 

•Auditor, 

Attorney General, 

Supt. of Public Instruction, 

Commissioner of Public Lands. . 

Auditor, 

Treasurer, 

State Supt. of Free Schools 

Attorney General, 

Secret .ry of State, 

Adj,>'.cant General, 

Corlimissipner of Labor, 

OKief Mine Inspector,. 

/^lieutenant Governor, 

Secretary of State, 

State Treasurer 

Attorney General, 

Superintendent of Education... 

Kailroad Commissioner, 

Commissioner of Insurance, 



8 years 

4 years 

2 years 

2 years 

8 years 

2 years 

2 years . . . . 

2 years 

2 years 

2 years" 

2 years 

2 years 

6 years 

6 years 

As long as 
apt'g Gov 

4 years 

i years 

4 years 

i years. 

4 years 

6 years 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

4 years 

4 j'ears 

2 years 

2 years 

2 j-ears 

2 years 

4 years 

2 years 

4 years 
4 years 
4 years 
4 years 
4 years 
4 years 
4 years 

4 
4 
4 
4 
4 
4 
4 
4 



Salaries, 
per annum. 



f 3,500 each. 

3,000 

3,500 

5,000 

3,000 

1,995 



55 per da. dur. sess 

4,000 

2,500 

2,500 

2,500 

2,500 

3,500 each 

3,500 each 



2,000. 



How raised to 
Office. 



52.000. 

r,5oo 

1.500..._ „^1' 

1,000.. 

1.500....... 

3,000 eaefi 

S'6 per da. dur. sees 
1,700 



All officials appointed by Pres.,. 



Board appoints Health Officer 
Sanitary Inspector and Clerks, 

Secretary, 

Solicitor General, 

Librarian, 

Auditor 

Treasurer 

Supt. of Penitentiaries, 

Supt. of Public Instruction,... 

Adjutant General. 

Coal Oil Inspector, 



Secretary 

Attorney General, 

Supt. of Public Instruction,. 

Auditor, 1 

Librarian, 

Treasurer, 

Bank E.xaminer, 

Oil Inspector, 



years 
years 
years 
years 
years 
years 
j'ears 
years , 

years , 
years . 
years 
years . 
years . 
years . 
years . 



1,700 

2.000 

1,000 

600. , 

3,000 

2,000 

$ 900 

2,2.50 

2,750 

1,300 

2,000 

1.500 

1,800 

2,500 

$1,000 

2,500 

2,000 

2,CHX) 

2,000... 

2,500 

2,000 

$2,000 and fees. 

1,400 

1,500 

1,300 

1,000 and fees. 

1,200 

1,200 

1,200 



$1,000 

5,0(X) 

5,000 

3,000 

1,200, exp. & clerk 

3,000 

3,000 



Judges elected by 
the people; Sec, 
Comp. &Treas.by 
Legis.; Atty.Geri. 
by Supreme Ct. ; 
State Sup't app'd 
by Gov. & Senate. 

All are elected by 
the people ex- 
cept Secretary of 
State, who is ap- 
pointed by the 
Governor and 
Senate. 



Elected by the 
people. 



First four are 
elected by the 
people, last four 
by General As 
sembly. 



First two elected 
by the people 
Others by the 
Legislature. 



Elected by the 
people. 



First four elected 
by the people. 
Last four ap- 
pointed by Gov- 
ernor. 



QualiHcations. 



Sup. Judges 35 yrs. of age 
and tesid'ts of State 5 yrs. 
before election. Sup'tof 
Schools of literary and 
scientific attainm'ts and 
skilled and experienced 
in the art of teaching. 

Lieut. Gov. same as Gov. 
The Judges must be 30 
yrs. of age, citizens of 
U. S. and State, and prac- 
ticing lawyers or Judges 
of court in State 7 years. 



Same as Gfovernor. 

ex cept 25 y re. of age. 
" no age restrict' n. 



and must be member 
of bar and learned 
in the law. 



Citizen of U. S. and quali- 

fled voter of State. 



Qualified voter. 



Opt. of Pres. 

2 years 

2 years 

2 years 

2 years 

2 years 

2 years 

Opt. of Gov 
.2 years 

2. years ' 

2 years . . 
2 years . . , 
2 years ... 
2 years ... 
2 years . . . 
2 years . . . 
2 years . . . 



Secretary appt'd 
by the President: 
others appointed 
by the Governor. 



$1,800 and fees 

2,000 

720 

3,000 

2,500 

2,000 

2..500 

500 

Fees;, max. $2,000. 

$1.800 Appointed. 

1.500 

2,000 

1,500 

1,(KX).... 

1,500 

1,0(.K» 

Fees 



•Qualified voter. 



Citizen. 



APPENDIX. 



PRE^SIDKNTS OF XHE UNITED STATES. 



No. 


President. 


State. 


Term of Office. 


Vice-President. 


1 


George Washington... 


Virginia 


Two terms; 1789-1797 . 


— 


John Adams. 


2 
8 


John Adams 


Massachusetts . . 
Virginia 


One term; 1797-1801 .. 
Two terms; 1801-1809 . 


-] 


Thomas Jefferson. 

Aaron Burr. 
George Clinton. 


Thomas J efferson 


4 


James Madison 


Virginia 


Two terms; 1809-1817 . 


•] 


George Clinton. 
Elbridge Gerry. 


5 


James Monroe. 


Virginia 


Two terms; 1817-1825 . 


... 


Dan'l D.Tompkins. 


6 


John Quincy Adams.. 
Andrew Jackson 


Massachusetts . . 


One term; 1825-1829... 




John C. Calhoun. 


7 


Tennessee 


Two terms; 1829-1837 . 


( 


John C. Calhoun. 
Martin Van Buren. 


8 


Martin "Van Buren 


New York 


One term; 1837-1841-.. 


... 


Rich'd M.Johnson. 


9 


William H. Harrison 


Ohio .. 


One month; 1841. 




John Tyler. 


10 


John Tyler* 


Virginia 

Tennessee 


3 yrs.and 11 mos. ; 1841-lf 
One term; 1845-1849 .. 


Mn 


11 


James K. Polk 




George M. Dallas. 


12 


Zachary Taylor 


Louisiana 


1 yr.and 4 mos.; 1849-1850 


Millard Fillmore. 


13 


Millard Fillmore* 


New York 


2 yrs, and 8 mos. ; 1850-1853 




14 


Franklin Pierce 


New Hampshire 
Pennsylvania... 
Illinois 


One term; 1853-1857... 




William R. King. 

J.C. Breckinridge. 

Hannibal Hamlin. 
Andrew Johnson. 


15 


James Buchanan 


One term; 1857-1861 


16 


Abraham Lincoln 


1 term and 1 mo. ; 1861-65 ■ 


17 


Andrew Johnson* 


Tennessee 


3 yrs.and 11 mos. ; 1865-1869 




18 


Ulysses S. Grant 


Illinois 


Two terms; 1869-1877. 


■\ 


Schuyler Colfax. 
Henry Wilson. 


19 
20 


Rutherford B. Hayes. . 
James A. Garfield 


Ohio 


One term; 1877-1881... 




Wm. A. Wheeler. 
Chester A. Arthur. 


Ohio 


6 months and 15 days ; 1881 


21 


Chester A. Arthur*.. . 


New York 


3yrs.5 mos. 15 days; 1881- 


-85 




22 


Grover Cleveland 


New York 


Firstterm; 1885-1889.. 


... 


Thos. A. Hendricks. 


23 


Benjamin Harrison... 
Grover Cleveland 


Indiana. 


One term ; 1889-1893. . . 




Levi P. Morton. 


24 


New York 


Second term; 1893-1897 


■ - - 


A. E. Stevenson. 


25 


William McKinley 


Ohio 


1897- 




G. A. Hobart. 







*Succeeded to the Presidency on the death of the President. 



INDEX. 



PAGE. 

Abolition of slavery 246 

Absolute democracy 8 

Absolute despotism 6 

Absolute monarchy 5 

Accused persons, testimony of 

not required 238 

other privileges allowed. .239, 240 

Acts, navigation. 15 

importation 15 

sugar 15 

stamp 16 

mutiny 16 

Adjournment of Congress 137 

Adjutant General 202 

Admiralty, cases of. 216 

Admission of new States 227 

Advantages of State legislation 77 

Ad valorem duty__ ___ 148 

Age of voters 44 

of Kepresentatives . 113 

of Senators __. 125 

of President and Vice-Pres- 
ident 185 

Agreements, States cannot enter 

into -- 175 

Agricultural colleges 101 

Agriculture, department of 208 

Aid of Federal Government in 

supporting public schools.. 99 

Aims of the Constitution 109 

Alaska purchase 36 

Aldermen 68 

Alliances, States forbidden to 

enter into 172 

Ambassadors. 196 

Amendment, of State constitu- 
tions 42 

of Federal Constitution 229 

Ancient courts of justice 83 



PAGE. 

Annexation of Texas 34 

Appointment, Governor's power 

of 80 

President's power of 190 

Apportionment of State legisla- 
tors 70 

of taxes 97 

of Representatives 113 

Appropriations 170 

Arbitration _ 218 

Archives, of United States 198 

Aristocracy, derivation and de- 
scription 7 

Army, power to raise and sup- 
port _ 162 

government of 162 

Arrest, of criminals 93 

freedom of Congressmen from 138 
Articles of Confederation, origin 

of 23 

ratification of __ 24 

leading features of 25 

defects of 26 

result of defects 27 

attempts at reform 27 

good results of __ 28 

Asylums. 104 

Assembly, of States. _ 69 

right of 233 

district conventions 53 

Assessment _ 97 

Assessors, of town. 63 

of county. 66 

of city 68 

Attempted union in 1754 18 

Attendance of State legislators. 72 

of JSTational legislators 132 

Attorney-General, of the State. 81 
of the Nation 203 



283 



284 



INDEX. 



PAGE. 

Auditors, of the county 66 

of the city 68 

of the treasury department- _ 199 

Australian Ballot System 55 

Bail, definition and use of 94 

excessive forbidden 244 

Ballot, definition and use of... 55 

Bankruptcy.. 153 

Basis of representation 114 

Bearing arms, right of 236 

Bills, definition of 76 

readings of in State legisla- 
tures 76 

passage of in State legislatures 76 

revenue - 140 

origin and introduction of in 

Congress .- 140 

consideration of by commit- 
tees 141 

printing, reading, debating 

and engrossing 141 

proceedings of Senate in re- 
gard to - - 142 

enrolling, signing, veto of, 

and passage over veto 143 

Bills of attainder, Congress can- 
not pass. 168 

States cannot pass ._ 173 

of credit. States cannot emit_ 173 

of pains and penalties _ 168 

of rights, declared in Colonial 

Congresses 19 

first ten amendments of Fed- 
eral Constitution _ 231 

Body politic 2 

Borough _ 67 

Borrowing money, power of 

Congress over ^ 149 

Boston Massacre 16 

portbill- 17 

Bureau of education 103 

of statistics 201 

Cabinet 195 

California, purchase of 35 



PAGE. 

Calling of conventions 49' 

Canals _ _. 105 

Canvassing votes 56 

Capitol at Washington Ill 

Captures on land and water, 

control over 161 

Cases at law, kinds of 89 

arising under the Constitu- 
tion, laws and treaties 216- 

affecting ministers and con- 
suls 216 

of admiralty and maritime 

jurisdiction 216 

in which the United States is 

a party 216 

affecting different States or 

their citizens 217 

Casting vote, of Lieutenant- 
Governor 76 

of Vice-President _ 126 

Caucuses, calling of 49 

work of 49 

Cause of the Civil War 245 

Causes of the Revolution 14 

Ceded districts _ 163 

Census. State 71 

United States, when taken ._ 115 

office 207 

Challenging votes 56 

Chaplain, of House of Repre- 
sentatives 120 

of Senate 126 

Character of George III 14 

of State Legislatures 69 

Charge d' Affaires 196 

Charitable institutions 104 

Charter, royal 12 

Governmen t described 12 

Circuit courts, of the States — 90 
of United States, description 

of - - 211 

jurisdiction of 218 

Circuit Courts of Appeals, de- 
scription of -- 211 



INDEX. 



285 



PAGE. 

Circuit Courts of Appeals, juris- 
diction of.. 218 

Citizenship, of voters 

of Representatives _ 113 

of Senators 126 

of President and Vice-Presi- 
dent' 185 

City, incorporation of 67 

officers of 67 

Civil, definition of 2 

cases, defined 89 

proceedings in 91 

trial by jury secured in 240 

Civil government, definition of 2 

Civil rights of Negro 247 

Civil Service Commission 1 92 

Civil War, cause of 245 

result of 246 

Classes of Senators 124 

Clearance, defined... 151 

prohibition concerning.. 170 

Clerk, of township 61 

of county 64 

of State Legislatures 74 

of House of Representatives. 119 

Close of Revolution 26 

Coinage of money, power of 

Congress over _. 154 

States forbidden to do 172 

Collection of taxes, State 98 

National 148 

Collector of customs 148 

Collectors of taxes, of town... 63 

of county 66 

of city 68 

Colonial government, settlement 

of America 10 

forms of. 11 

provincial or royal 11 

proprietary 13 

charter 13 

supremacy of English govern- 
ment — 13 

Colonists, character of 14 



PAGE. 

Color, not a qualification of 
voters 46 

Commander-in-chief of military 
forces 188 

Commerce, regulated by Con- 
gress 150 

Commissary General 203 

Commissioner of Customs 199 

of Internal Revenue 199 

of patents 308 

of pensions 307 

Commissioners, of county 64 

of schools -. 103 

Commissions 194 

Committees, of State ' Legisla- 
tures 75 

Committees, of schools 103 

work of in Congress 141 

of Congress 133 

conference. 144 

Common council 68 

Compacts, States cannot enter 
into 178 

Comptroller, of the State 81 

of currency 200 

of the treasury 199 

Compulsory education 108 

Confederation, Articles of _ . . . _ 33 

nature of 35 

good results of 38 

Confederations, States forbid- 
den to enter into 173 

Conference committees . 144 

Congress, of 1754_ 18 

of 1765.. - 19 

first continental *. 19 

second continental SO, 21 

in general 108 

House of Representatives 113 

Senate _ 132 

sessions of 139 

membership of 130 

quorum 181 

rules of procedure 181 



286 



INDEX. 



PAGE. 

Congress, of 1754, adjournment 137 

salary of members 137 

how laws are made 141 

powers of (see Powers of Con- 
gress) when convened and 
adjourned by President. _. 193 

Congressional districts ^ . . 116 

Congressional district conven- 
tion _._ 51 

Congressional record 136 

Congressman-at-large 117 

Constables 62, 68 

Constitution, steps to formation 

of National 29 

formation of 30 

why called federal _. 31 

ratification of 31 

of England 41 

of States 41 

how Federal Constitution is 

amended 229 

Constitutional convention, na- 

tureof... 29 

Consular courts 213 

Consular service 197 

Consuls, by whom appointed.. 191 

cases at law affecting 216 

Continental Congress, the first. 19 

the second.. 20, 21 

Continental Congress, character 

of second.. 21 

Convention, Virginia and Mary- 
land 29 

Annapolis. __ 29 

Constitutional. 29 

Conventions, calling of nomin- 
ating 49 

work of _ 49 

other nominating conven- 
tions 52 

Copyrights 156 

Coroners 65 

Corporations, definition and 
kindsof 60 



PAGE. 

Corruption of nominations and 

elections _ _ 57 

Council, town 61 

city 68 

village 68 

advisory body to Governor.. 80 
Counsel for accused persons.. _ 240 

Counterfeiting 155 

Counting votes 56 

County, subdivision of State 43 

origin of _ 64 

officers of. 64 

County clerk 64 

County commissioners, duties of 64 
County nominating conven- 
tions, calling of 49 

work of 50 

County-seat _ _. 64 

Court of Claims. 213 

of the District of Columbia.. 213 

Courts, ancient 83 

of States- 89 

for the trial of impeachments 91 

of sessions 91 

of oyer and terminer 91 

county or common pleas 91 

of chancery or of equity 91 

of appeals _ 90 

Federal 210 

Courts-martial. 213 

Crimes, trial of by jurj'- _ 219 

Criminals, cannot vote 45 

fugitive 223 

Cruel punishments forbidden.. 244 

Customs, defined 148 

collection of 148 

Daily sessions of Congress 130 

Debts, State 106 

Declaration of Independence, 

outline of 23 

given in full .- 248 

Defects of Articles of Confeder- 
ation 26 

Department of Agriculture 208 



INDEX. 



287 



PAGE. 

Department of Justice. _ 203 

of State, diplomatic service.. 196 
Department of State, consular 

service 197 

passports __ 198 

archives and seal of United 

States 198 

Department of the Interior 207 

oftheNavy ...206 

of the Treasury 199 

of War... 202 

Departments of government, 
their distribution and inter- 
mingling 4 

Democracy, derivation and defi- 
nition of „ 8 

pure or absolute 8 

representative 8 

Despot, defined 6 

Despotism, definition and ex- ' 

amples of. 6 

Diplomatic service 196 

Director of the mint 200 

Direct taxes, kinds of _ 95 

how apportioned 115 

referred to in Constitution. 147 

additional reference 169 

Disabilities, political 247 

Disorderly behavior of Con 

gressmen, punished 134 

District attorney ._ 66 

District courts, description of.. 212 

jurisdiction of 218 

District of Columbia 164 

Districts, subdivisions of States 43 

congressional 116 

Division of government, by 

State constitutions 43 

Doorkeepers, of State Legisla- 
tures - 74 

of House of Representatives. 120 

of Senate.. - 126 

Duties, defined. ..- 96 

kinds of 147 



PAGE. 

Duties, as regulating commerce 148 

export, forbidden. 169 

inspection ._ 174 

tonnage 175 

Education, its importance 99 

support of public schools 99 

public schools of the State.. 100 
Federal Government schools. 101 
endowed institutions of learn- 
ing 101 

school ofiicers 102 

examiners ... 102 

the school board 102 

bureau of 103 

compulsory 103 

religion in the schools 103 

Election, of Governor 79 

of Senators and Representa- 
tives 129 

Election of President and Vice- 
President 178 

Elections, preliminary proceed- 
ings 54 

registration 54 

when and where held 55 

the ballot- 55 

inspectors of 56 

process of 55 

challenging and canvassing 

votes 56 

number of votes necessary for 57 

Elective franchise.... ..- 43 

monarchy 6 

Electoral college 179 

commission 182 

Electoral ticket, how nomi- 
nated 51 

Electors or voters, defined 43 

qualifications of .. 43 

presidential -. 179 

Eminent domain, right of. 105 

why exercised - 239 

Enemy to Union. 18 

Engineers of fire departments. . 68 



288 



INDEX. 



PAGE. 

Engrossing bills _ 142 

Enrolling bills 143 

Entry, definition of 151 

prohibition concerning 170 

Envoys extraordinary 196 

Equity cases 216 

Excessive bail, forbidden 244 

Excessive fines, forbidden 244 

Excise commisssoners 63 

Excises 148 

Execution 93 

Executive Department, of State 79 

of Nation -.. 176 

Executive power, defined 4 

vested in one person 177 

Exemptions.... 97 

Export duties, forbidden 169 

Ex post facto law, Congress can- 
not make — 160 

States cannot make 173 

i'ederal charitable institutions. 105 
Constitution, why so called.. 31 

convention, nature of 29 

government, why so called-. 31 

government schools 101 

judges.. 213 

Felonies, on the high seas 160 

Fence-viewers 63 

Filibustering 137 

Fines, excessive, forbidden 244 

First Continental Congress 19 

First Union of Colonies. 18 

Floridas, the purchase of 34 

Formation of Federal Constitu- 
tion 30 

of State Constitutions 42 

Forms of Colonial government- 11 

of government 5 

Franchise , elective 43 

Free delivery of mails _ _ 206 

Freedom from arrest, of mem- 
bers of Congress _ 138 

Freedom of speech, of members 
of Congress 139 



PAGE. 

Freedom of speech, in general. . 232 

Freedom of the press 232 

Fugitive criminals 223 

slaves 223 ' 

Game constable 63 

General Assembly 69 

Geological survey 208 

Gifts 171 

Good results of Confederation. 28 

Government, illustration of 1 

definition of 2 

origin 2 

necessity and objects of 3 

departments of 4 

powers of 4 

forms of 5 

Governor, qualifications of 79 

election and term of office 79 

powers 79 

Graded schools____ 100 

Grammar schools 100 

Grand jury, description and 

work of 86 

indictment by, secured by 

amendment 238 

Growth of public opinion, a 
cause of Revolutionary 

War. 14 

Habeas corpus, writ of 88 

suspension of, forbidden 167 

Hereditary monarchy. 6 

High schools 100 

High seas 160 

Highways 105 

Homestead Act 39 

House of Representatives, Na 

tional, its character 112 

term of members. 113 

qualifications of members 113 

apportionment of members.. 114 

vacancies in 118 

officers of 118 

power of impeachment 120 

sessions of 129 



INDEX. 



289 



PAGE. 

House of Representatives, Na- 
tional, membership of 130 

quorum 131 

House of Representatives, rules 

of procedure 131 

committees 132 

length of speeches. 133 

iournal 135 

recording yeas and nays 136 

adjournment. 137 

passage of laws 140 

election of President by^ 181 

House of Representatives, State, 69 

Hydrographic office . _ _ 206 

Idiots, cannot vote 45 

Immediate causes of the Rev- 
olution -- 15 

Impartial jury, promised 239 

Impeachment, by State Legisla- 
ture - 91 

by National House of Repre- 
sentatives 120 

trial of, by Senate _ _ 127 

removal of officers by 194 

Implied powers of Congress . . 165 

Importation Act.. 15 

Independence, first movement 

in favor of ._ 22 

Rhode Island's action 22 

Virginia's action 22 

Declaration of 23 

Indian Territory. _ 225 

Indians, schools for.. 101 

commerce with. 151 

affairs, bureau of ... 208 

Indictment, by grand jury, how 

made 86 

right of, secured by amend- 
ment 238 

when made 95 

Indirect taxes 96, 147 

Influence of France, one cause 

of Revolution.. 14 

Insane Asylums 104 



PAGE. 

Inspection duties 174 

Inspectors of election, of town 

56, 63 

of city 68 

Interior department 207 

Internal revenue _. 148 

Jefferson, Thomas, author of 
Declaration of Independ- 
ence.. 23 

Jeopardy, twice in, forbidden. 238 
Journal, of Houses of Con- 
gress ... 135 

Judge Advocate General 202 

Judgment 93 

Judges, of election 56, 63 

State 91 

Federal 213 

Judicial department of States, 
ancient courts of justice _ _ 83 

juries 84 

writ of habeas corpus 88 

cases at law 89 

courts 89 

judges 91 

proceedings in civil cases 91 

proceedings in criminal cases, 93 
Judicial department of United 

States, courts 210 

jurisdiction of courts 215 

treason 219 

Judicial power, defined 4 

Juries, origin and development" 

of.. 84 

importance 85 

grand 86 

petit 86 

selection of 87 

duty of service 87 

impartial ._ 239 

trial by, in civil cases 240 

Jurisdiction of Federal Courts. 215 

Justices' court 89 

King, defiiiition of 5 

Laws, National, how passed... 141 



290 



INDEX. 



PAGE. 

Laws, State, how made 74 

when they take effect 77 

League of the New England 

Colonies 18 

Lee, Richard Henry, famous 

resolution offered by 22 

Legal tender defined 154 

State prohibition concerning. 173 

Legation .'. 197 

Legislative department of Na- 
tion, its importance, name, 

and composition 110 

place of meeting _ Ill 

House of Representatives 112 

the Senate .-. 122 

powers of (see Powers of Con- 
gress). 
Legislative department of State, 
composition and character, 69 

qualifications of members — 69 

terms of members 70 

meetings. _ 71 

attendance and quorum 72 

vacancy 73 

power and public proceedings 

of 73 

organization and officers 74 

how laws are made 74 

Legislative power defined 4 

Letters of marque and reprisal, 

power concerning 160 

States forbidden to issue 172 

Libel 283 

Liberty, of religion 232 

cannot be deprived of, except 

by due process of law 238 

Librarian, State 82 

of the Senate 126 

Lieutenant-Governor- 80 

Life-saving service 201 

Limited monarchy 6 

Lobbying -- 134 

Louisiana purchase 33 

Lunatics cannot vote_ _ 45 



PAGE. 

Mail matter, classes of _. 205 

Majority, meaning of _. 57 

Maritime jurisdiction 216 

Marque.. 160 

Massachusetts Government Bill, 17 

Mayor, of city 67 

of village 68 

Measures, power to fix standard 

of 155 

other than bills 145 

Mesilla Valley, purchase of 36 

Message, President's. 195 

Meteorological bureau 10^ 

Military academy.. 203 

Military courts 213 

Militia, discussion of 107 

calling forth 163 

Ministers, by whom appointed. 191 

how received 193 

classes and duties of 196 

cases affecting 216 

Minority President 182 

Mints 200 

Misrule of royal governors 17 

Moderator of town meeting 60 

Monarch 5 

Monarchy, derivation and defi- 
nition .- 5 

absolute 5 

despotism 6 

limited 6 

hereditary 6 

elective — 6 

patriarchy 6 

theocracy.. 7 

Money, power of Congress to 

borrow - — - 14& 

power of Congress to coin 159^ 

prohibition upon States 173 

Mutiny act -- 16 

National banking system 200 

National convention, calling of, 49 

work of 52 

National debt --- 230 



INDEX. 



291 



PAGE. 

ITational judiciary, necessity 

for 210 

^National law, supremacy of 230 

JN'ature, of Confederation 25 

of State constitutions 41 

Naturalization 152 

Naval academy 207 

Navigation, laws for safety of. 151 

Navigation acts _ 15 

Navy 162 

Navy department 206 

Nays and yeas, recorded in Con- 
gress 136 

Necessity of government 3 

Negro, freed 246 

civil rights of _ 247 

right of suffrage 247 

New States, admission of 226 

Nominations, political parties. _ 47 

definitions : 48 

■why made 48 

how made 48 

Normal schools 101 

Oath of office required by Con- 
stitution 230 

Objects of government 3 

Obligation of contracts 173 

Offences against the law of Na- 
tions 160 

Officers, of town 60 

of county 64 

ofcity. -- 67 

of village 68 

of State Legislature 74 

of schools 102 

of House of Representatives- 118 

of the Senate 126 

Oklahoma... 225 

Opinions of executive officers, 

President may require 189 

Ordinances 68 

Ordinance of 1785 37, 38 

Ordinance of 1787 251 

Oregon treaty 35 



PAGE. 

Organization of State Legisla- 
tures 

Origin of government 2 

of Articles of Confederation. 23 

of State constitutions 41 

of township 59 

of county .- 64 

of juries 84 

of writ of habeas corpus 88 

Original territory of the United 

States 33 

Orphans' Courts 90 

Overseers of highways 62 

of the poor 62 

city officers 68 

Paper money 200 

Pardons, Governor's power 80 

President's power 189 

Party divisions 146 

Passage of bills, by State Legis- 
latures 76 

by Congress 141 

Passports 198 

Patent office 208 

Patents - 157 

Patriarchy 6 

Paupers cannot vote _ 45 

Paymaster General 202 

Pension office 207 

Petition, right of _ 234 

Petit jury. 86 

Piracies 159 

Planks. 53 

Platforms 53 

Pleadings 92 

Plurality. -- 57 

Police, courts 91 

officers of city 68 

Political body 2 

disabilities 241 

parties, origin and necessity 

of.. 47 

Polling place 55 

Poll list .-- 56 



292 



INDEX. 



PAGE. 

Polls 55 

Poll tax 95 

Poor houses. 104 

Ports of entry 148 

Postage _- 205 

Postmaster General 204 

Postmasters 205 

Post-office department 203 

Post-offices and post roads, 

power of Congress over 155 

Pound-keepers ._ 63 

Power of State Legislatures 73 

Powers of Congress, taxation.. 146 

borrowing money __ 149 

regulating commerce.. 150 

naturalization 152 

bankruptcy 153 

coinage of money 154 

weights and measures 155 

counterfeiting 155 

post-offices and post-roads 155 

copyrights. 156 

patents 157 

piracies and felonies on the 

high seas 159 

offences against the law of 

nations 160 

declaring war 160 

letters of marque and reprisal 160 
captures on land and water.. 161 

army and navy 162 

militia 163 

of Congress, implied 165 

of government 4 

of the Governor 79 

of the President, may require 
opinions of executive offi- 
cers 189 

grant reprieves and par- 
dons 189 

make treaties 190 

appoint officers.. 190 

remove officers 191 

fill vacancies 192 



PAGE. 

Powers of the President, mes- 

sageof. 193^ 

convene and adjourn Con- 
gress 193 

receive foreign ministers.. 193 

most important duty 193 

grant commissions 194 

Powers reserved to the States. . 244 
Preamble of National Constitu- 
tion _ 108 

Pre-emption act 39 

Preliminary proceedings to an 

election 54 

Present extent of United States 36 

Presentment by grand jury 86 

President, of village 68 

of State senate 74 

pro tempore 74 

of United States Senate 12& 

Presidential succession 185 

President of the United States, 

how nominated 52 

signature to bills 143 

vetoof 143. 

term of office 177 

election of .._._ 17& 

minority 182. 

qualification of 184 

salary of 186 

inauguration of 187 

commander-in-chief 188 

powers of (see Powers of the 
President). 

Press, freedom of 232 

Primary, calling of 49 

work of 49 

Primary schools 100 

Printer, of State 81 

of Nation _ 136 

Prisons . — 105 

Privateers . 161 

Private property taken by the 

government 239 

Privileges of citizens 222- 



INDEX. 



293 



PAGE. 

Probate courts 90 

Proceedings, in civil cases 91 

in criminal cases 93 

Prohibition upon members of 

Congress 139 

Prohibitions upon the States, 
concerning treaties, alli- 
ances, and confederations, 
letters of marque and re- 
prisal, and money 172 

bills of attainder, ex-post-facto 
laws, titles of nobility, ob- 
ligation of contracts and du- 
ties 178 

war and agreements 175 

Prohibitions upon the United 

States, slave trade 166 

writ of habeas corpus 167 

bills of attainder and ex-post- 

facio laws- 168 

direct taxes, export duties 169 

preference in trade _ _ 170 

appropriations _ 170 

titles of nobility and gifts 171 

Property, how persons are de- 
prived of 239 

of United States, how gov- 
erned 224 

tax - 96 

Proprietaries 12 

Proprietary government 12 

Provincial government... 11 

Public documents, bureau of— 208 
Public institutions, charitable.. 104 
State prisons, highways, ca- 
nals _ - 105 

railroads and debts 106 

militia... - 107 

Public lands, bureau of _ 207 

surveying of — 37 

States formed from 37 

settlement of 39 

Public proceedings of State 

Legislatures. 73 



PAGE. 

Public proceedings of Congress 131 

Public schools, kinds of _ 100 

support of. 99 

land grants for 38 

Public trial 239 

Punishments, prohibition con- 
cerning 244 

Pure democracy 8 

Qualifications, of voters 43 

of State legislators 69 

of Governors 79 

of United States Representa- 
tives 113 

of United States Senators 125 

of President and Yice-Presi- 

dent 184 

Quartering soldiers 236 

Quartermaster General 202 

Quebec act 17 

Quorum, in State Legislatures. 72 

in National Legislature 131 

Railroads _ 106 

Ratification, of articles of Con- 
federation 24 

of Federal Constitution _ 31 

Ratio of representation 114 

Readings of bills, in State Legis- 
latures .._ - 76 

in National Legislature 141 

Recorder of county _ 64 

Recording yeas and nays 136 

Records of States 222 

Reform, attempts at under Con- 
federation.. 27 

civil service. 192 

schools 105 

Registering vessels 150 

Register, of county 64 

of the treasury 201 

Registration _ — 54 

Regular sessions of Congress . . 129 

Religion in schools 103 

Religious liberty 233 

test 231 



294 



INDEX. 



PAGE. 

Remote causes of Revolution __ 14 

Removal from office _ .- 194 

Representation, advantages of_ 8 

taxation without 16 

basis of _ 114 

ratio of 115 

Representatives, their term 113 

who may vote for 113 

qualifications of 113 

apportionment of 114 

each State represented 117 

titles of - 128 

election of. 129 

presence of, required 132 

punished for disorderly be- 
havior.. 134 

expulsion of _. 135 

salary of 137 

freedom of from arrest 138 

freedom of speech 138 

prohibitions upon 139 

apportionment of after aboli- 
tion of slavery 247 

Representative democracy 8 

Reprieve, Governor's power of _ 80 

President's power of 189 

Reprisals 160 

Republic. -. 8 

Republican government guar- 
anteed 227 

Requisition 223 

Residence, qualification of vot- 
ers __ 44 

of Representatives . 114 

of Senators. _ 126 

of President and Vice-Presi- 
dent 183 

Result of Civil War 246 

Return of bills within ten days 144 

Returns of State elections 56 

of electoral college.. 181 

Revenue bills 140 

Revision of State constitutions. 42 
Revolution 22 



PAGE. 

Right, of elective franchise 43 

of suffrage, defined . 43 

granted the Negro 247 

Rights of people secured 244 

Roll call in Congress 136 

Royal government . 11 

Rules of procedure in Congress 131 

Salary, of State legislators 70 

of State executive officers 82 

of members of Congress 137 

of President and Vice-Presi- 
dent 186 

of Cabinet officers 3 96 

of ministers 197 

of Federal judges _ 214 

School board. 102 

Schools, State 100 

Federal 101 

officers of ._ 102 

Sealers of weights and measures 33 

Seal of United States 198 

Searches and seizures... 237 

Seats, choice of in Congress 133 

Second Continental Congress, 

when and where held 20 

its character 21 

Secretary of State, a State offi- 
cer 81 

a cabinet officer 196 

Secretary of agriculture 208 

of the interior 207 

of the navy 206 

of the Senate 127 

of the treasury 199 

of war .- 202 

Select council of city 68 

Selection of j urors. 87 

Selectmen 61 

Senate, National, character of. 122 

vacancies in 125 

officers of 126 

power of trial of impeach- 
ments _ _ 127 

sessions of 129 



INDEX. 



295 



PAGE. 

membership of 130 

quorum. __ 131 

rules of procedure 131 

committees. 132 

length of speeches in 133 

journal of 135 

recording yeas and nays in__ 136 

adjournment of 137 

passage of laws by 140 

election of President by 182 

Senate, State 69 

Senators, State 69 

Senators, National, number of. 123 

how chosen 123 

term of office of ... 124 

vote of 124 

division into classes 124 

qualifications of 125 

titles of 128 

election of 129 

presence required- 132 

punishment for disorderly be- 
havior 134 

expulsion of. 134 

salary of 137 

freedom of from arrest 138 

freedom of speech of 139 

prohibition upon 139 

Sergeant-at arms of House of 

Representatives 119 

of Senate 126 

of State Legislature 74 

Sessions of Congress 129 

Settlement of America 10 

of public domain 39 

Sex, qualification of voters 44 

Sheriff... 65 

Signal service 202 

Signature of President to bills. 143 

Slander 233 

Slaves, fugitive _ 223 

Slave trade- 166 

Slavery, abolition of 246 

Smuggling 148 



PAGE, 

Solicitor of the treasury 201 

general ._ 203 

Speaker, in State Legislature.. 74 
of House of Representatives. 118 
Special committees of State 

Legislatures.. 75 

Special nominating conventions 53 

Special sessions of Congress 130 

Specific duty 147 

Speech, freedom of in Congress 134 

freedom of in general 232 

Speeches, length of in Congress 133 

Speedy trial promised 239 

Spoils system 192 

Stamp act 16 

State constitutions, nature and 

origin 41 

how framed 42 

how adopted 42 

how revised and amended 42 

division of government by 43 

State subdivisions _ 43 

nominating conventions 51 

senatorial conventions 53 

legislatures 69 

State printer 81 

librarian 82 

superintendent of public in- 
struction 102 

courts _ 89 

debts 106 

prisons - 105 

Steps to union 18 

to revolution 22 

to formation of Constitution- 29 

Suffrage, right of defined 43 

granted the Negro 247 

Sugar act 15 

Suits against States... 245 

Summons 91 

Superintendents of poor 66 

of streets 68 

of public instruction 102 

of schools 102 



296 



INDEX. 



PAGE. 

Superintendents of census 207 

Supervisors of town 61 

as county board 64 

of highways 62 

Support of schools, Federal aid 

_._ 38, 99 

State 99 

local 100 

Supremacy of English govern- 
ment _ 12 

of National law. 230 

Supreme court, of States 90 

of Nation, description of 210 

jurisdiction of 215 

Surrogates' Court 90 

Surveyor, of county _ _ _ 66 

general of States 81 

Surveys, national system of 37 

Tariff.. 148 

Taxation without representa- 
tion 16 

Taxes, necessity of 95 

kinds of 95 

assessment 97 

exemptions 97 

apportionment 97 

collection _ 98 

power of Congress over 146 

National, kinds of 147 

collection of 148 

objects of 149 

uniformity of 149 

Tax on tea 17 

Tax sales 98 

Terms of office, of State legis- 
lators. 70 

of Governor 79 

of Representatives 113 

of Senators 124 

of President and Vice-Presi- 
dent _ 177 

Terms of office of Federal 

Judges 213 

Territorial courts 213 

19 



PAGE. 

Territories, organization and 

government of 224 

Indian 225 

Territory of United States, orig- 

. inal 33 

the Louisiana purchase _ 33 

purchase of the Floridas 34 

annexation of Texas 34 

the Oregon treaty 35 

purchase of California 35 

purchase of the Messilla Val- 
ley 36 

the Alaska purchase 36 

present extent 36 

Testimony of accused persons 

not required 238 

Texas, annexation of _ 34 

Theocracy 7 

Theory of Divine right.. 2 

offeree 2 

of sociability 2 

Titles of members of Congress. 128 
of nobility, Congress cannot 

grant 171 

States cannot grant 173 

Tonnage duties 175 

Township, subdivision of county 43 

origin of 59 

importance of 59 

a corporation 60 

meeting 60 

officers 60 

caucuses 49 

Transportation act 17 

Transmission of money by mail 206 

Treason. ._ 219 

Treasurer, of town 61 

of county 66 

of city 68 

of State .--- 81 

of United States 199 

Treasury department 199 

Treaty, the Oregon 35 

States forbidden to enter into 173 



INDEX. 



297 



PAGE. 

Treaty, Presidents power con- 
cerning 190 

Trial, of a civil case 92 

of a criminal case 94 

of crimes by jury 319 

speedy and public promised. 239 
by jury in civil cases secured 240 

Trustees of tov^rnsliip 61 

of villages — 63 

of schools 102 

Tun-scipe 59 

Twice in jeopardy . 238 

Ungraded schools 100 

Union, enemy to 18 

steps to 18 

first 18 

attempted 18 

United States census 115 

Universal postal union 205 

Universities, State. _ 100 

Vacancy, in State Legislature. _ 73 

in office of Governor 80 

in House of Representatives. 118 

in Senate 125 

in Presidency _. 185 

Valuation of taxable property. 97 

Verdict in cases at law 92 

Veto of Governor 77,80 

• ofPresident 148 

Vice-President, how nominated 52 
term of office and election of _ 178 

qualifications of_. 184 

salary of 186 

inauguration of 187 

Village, reasons for incorpora- 
tion of 67 



PAGE. 

Village, how incorporated 67 

officers of 68 

Virginia and Maryland Conven- 
tion ._ 29 

Voting, how done 55 

upon bills in Congress 142 

by Presidential Electors 180 

Voters, defined 43 

qualifications of __ 43 

Votes, challenging and canvass- 
ing .-- 56 

number necessary for election 57 

War, power of declaring 160 

prohibitions upon States con- 
cerning 175 

department of 202 

Ward caucuses, calling and 

work of- 49 

Washington, George, delegate 

to Congress 20, 21 

commander in-chief of army 22 

resigned his commission 26 

President of Constitutional 

Convention 30 

President of United States. _ . 31 

Weather bureau - - 209 

Weights and measures -.. 155 

White House 187 

Why nominations are made.. _ 48 
Witnesses for accused persons. 240 

Writ of habeas corpus 88 

Writs of assistance 15 

Written constitutions 41 

Yeas and nays recorded in Con- 
gress l'^6 

Yellowstone Park 225 



'■'\j i 



8 1898 



